IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 28637 of 2007 Between: State Bank of India, Commercial Branch, Ongole, Prakasam District, Rep by its Chief Manager. ... PETITIONER AND 1) The Debts Recovery Appellate Tribunal Ministry of Finance, Government of India, Chennai, rep by its Registrar. 2) The Debts Recovery Tribunal Ministry of Finance, Government of India, 4-10-23/10 to 13, 3rd Floor, 2nd Lane, Ishaka Khazana Towers, Dwarakanagat, Visakhapatnam, rep by its Registrar. 3) M/s. Sri Datta Sai Industries Limited, rep. by its Managing Director G. Seetha Ramaiah, Door No. 17-1-12, Sri Kanyaka Parameswari Street, Ongole-523 001, Prakasam District. 4) Gurram seetha Ramaiah, S/o. Seshaiah, aged major, Door No. 17- 1-12, Sri Kanyaka Parameswari Street, Ongole-523 001, Prakasam District. 5) Gurram Krishna Murthy, S/o. Seshaiah, aged major, Door No. 17-1- 12(A), Sri Kanyaka Parameswari Street, Ongole-523 001, Prakasam District. 6) Gurram Sridhar Babu, S/o. Krishna Murthy, aged major, Door No. 17-1-12, Sri Kanyaka Parameswari Street, Ongole-523 001, Prakasam District. 7) Smt. Gurram Lakshmi Kumari, W/o. Seetha Ramaiah, aged major, Door No. 17-1-12, Sri Kanyaka Parameswari Street, Ongole-523 001, Prakasam District. 8) Smt. Gurram Radha, S/o. Krishna Murthy, aged major, Door No. 17-1-12, Sri Kanyaka Parameswari Street, Ongole-523 001, Prakasam District. 9) Vizag Profiles Limited, rep by its Managing Director, Sri Bandi Suresh Kumar, Kurmanna Palem, Visakhapatnam - 539 946 ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly a Writ in the nature of Mandamus declaring the order dated 31-10-2007 in MA No. 102/2007 of the Hon'ble Debts Recovery Appellate Tribunal, Chennai as illegal and void and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice. Counsel for the Petitioners: MR.M.NARENDER REDDY Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) SMT. G.V.S RAJESWARI MR. S. SANTOSH KUMAR The Court made the following: ORDER: (per the Hon’ble Sri Justice Vilas V. Afzulpurkar) Mr. M. Narender Reddy, learned counsel for the petitioner, submits that the petitioner-bank seeks permission to withdraw the writ petition and fairly submits that P.W.1 will be present before the Debts Recovery Tribunal in terms of the impugned order herein to make himself available for cross- examination by the respondents. In view of the submission, the writ petition is accordingly dismissed as not pressed. There shall be no order as to costs. ______________ V. ESWARAIAH, J ____________________ VILAS V.AFZULPURKAR, J January 30, 2009 DSK/CBS