IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WA.No. 1410 of 2009 ----------------------------------- AGAINST THE JUDGEMENT IN WPC.12948/2009 Dated 04/06/2009 .................... APPELLANTS/PETITIONERS ---------------------------------------- 1. SARJU KOSHY, ARACKAL HOUSE, CMC-11/190, CHERTHALA, ALAPPUZHA- 688524. 2. MRS.THANKAMMA SARJU, ARACKAL HOUSE, CMC-11/190, CHERTHALA, ALAPPUZHA-688524. BY ADV. SRI.T.K.VIPINDAS RESPONDENTS/RESPONDENTS --------------------------------------------- 1. THE AUTHORIZED OFFICER, DEWAN HOUSING FINANCE CORPORATION LTD. (BRANCH OFFICE), IST FLOOR, KMM BUILDING, PALARIVATTOM, COCHIN-682 025. 2. THE MANAGER, DEWAN HOUSING FINANCE CORPORATION LTD., (BRANCH OFFICE), 1ST FLOOR, KMM BUILDING, PALARIVATTOM, COCHIN- 682 025. ADV. SRI.P.PAULOCHAN ANTONY FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No.1410 of 2009 ------------------------------------------ Dated, this the 6th day of August, 2009 JUDGMENT Kurian Joseph, J. Appellants are the writ petitioners. The writ petition was filed when proceedings under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 were initiated against them. The learned Single Judge directed the writ petitioners to deposit an amount of Rupees five lakhs within one month and the balance outstanding in equal instalments. Aggrieved by that order, the present writ appeal is filed. 2. When the writ appeal came up earlier, this Court by order dated 3.7.2009 directed the appellants to deposit an amount of Rupees three lakhs on or before 20.7.2009. Now we are informed that the said amount also has not been deposited. Learned counsel appearing for the appellants submits that the first W.A.No.1410 of 2009 - 2 - appellant was in the hospital due to cardiac problem and he is not in a position to mobilise the fund. Learned counsel hence prays for permission to withdraw the writ petition itself without prejudice to the liberty of the appellant to pursue the statutory remedy. No permission of this Court is required for the appellants, in case the law permits them to pursue any statutory remedy. Therefore, without expressing any opinion as to the merits of the case or the contentions of the parties, we permit the writ petitioners to withdraw the writ petition. Hence the judgment of the learned Single Judge is set aside and the writ petition is dismissed as withdrawn. Writ appeal is disposed of as above. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns