IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 33107 of 2011(K) -------------------------- MC.536/2011 of CHIEF JUDICIAL MAGISTRATE COURT,TRIVANDRUM .................... PETITIONER(S): -------------------------- K.SASIDHARAN,S/O.KRISHNA PANICKER, LEKSHMI KRISHNA, T.C.25/33-1, GANDHARI AMMANKOVIL ROAD, PULIMOOD, THIRUVANANTHAPURAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): ----------------------------- THE STATE BANK OF INDIA, STATE BANK OF INDIA, STRESSED ASSETS, RECOVERY BRANCH AT TRIVANDRUM, REPRESENTED BY THE ASSISTANT GENERAL MANAGER, SRI.T.J.JOSE, SARB, ZONAL OFFICE,LMS COMPOUND, THIRUVANANTHAPURAM-695 033. BY ADV. SRI. N.RAJAGOPALAN NAIR, SC, SBI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33107/2011 K APPENDIX PETITIONER'S EXHIBITS: EXT.P1:- TRUE COPY OF THE APPLICATION DTD 26/8/2011 IN MC NO.536/11 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT THIRUVANANTHAPURAM. EXT.P2:- TRUE COPY OF THE ORDER DTD 26/8/2011 IN MC 536/2011 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. EXT.P3:- TRUE COPY OF THE COMMUNICATION DTD 27/8/2011 BY THE RESPONDENT TO THE PETITIONER. EXT.P4:- TRUE COPY OF THE COMMUNICATION DTD 26/8/2011 BY THE PETITIONER TO THE RESPONDENT. EXT.P5:- TRUE COPY OF THE COMMUNICATION DTD 2/9/2011 BY THE PETITIONER TO THE RESPONDENT. RESPONDENTS' EXHIBITS: N I L S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.33107 of 2011 ---------------------------------------------- Dated this the 14th day of December, 2011 JUDGMENT The petitioner challenges proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act initiated by the respondent for recovery of loan amounts due from the petitioner. 2. The learned Standing Counsel for the Bank produces before me a copy of judgment in W.P.(C) No.16854/2008 filed by the very same petitioner challenging proceedings under the Act in respect of the same transaction. In that judgment, I had permitted the petitioner to pay off the amounts in instalments. When confronted with the said judgment and the fact that the the fact of filing that writ petition is not mentioned in the writ petition, the learned counsel for the petitioner seeks permission to withdraw the writ petition. Permission is granted and the writ petition is dismissed as withdrawn. S. SIRI JAGAN, JUDGE acd