IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WA.No. 2067 of 2009 --------------------------------- AGAINST THE JUDGEMENT IN WPC.31603/2006 Dated 13/07/2009 .................... APPELLANT/PETITIONER ------------------------------------ DR.P.RAMACHANDRAN NAIR, ANUGRAHA, T.C.25/1099, THAMPANOOR, THIRUVANANTHAPURAM, REP. BY HIS POWER OF ATTORNEY HOLDER, DR.C.MEENA NAIR, D/O.C.CHANDRAMATHI NAIR, RESIDING AT AT DO. DO. BY ADV.SRI.DEVAN RAMACHANDRAN ADV. SRI.M.SREEKUMAR RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. THE SOUTH INDIAN BANK LTD., REP. BY ITS GENERAL MANAGER, HEAD OFFICE, THRISSUR. 2. THE CHIEF MANAGER(AUTHORISED OFFICER), SOUTH INDIAN BANK LTD., REGIONAL OFFICE, HOTEL SAFE INTERNATIONAL BUILDING, MALAYALA MANORAMA ROAD, THIRUVANANTHAPURAM. 3. M/S.INSTITUTE OF NUCLEAR SCIENCE & DIAGNOSTICS, REP. BY ITS MANAGING PARTNER, JAYADAS SAMUEL S., KUMARAPURAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 4. JAYADAS SAMUEL S., ZION DALE, T.C.14/214, ANAYARA P.O., THIRUVANANTHAPURAM. 5. THE SENIOR MANAGER, SOUTH INDIAN BANK LTD., CHAKAI BRANCH, THIRUVANANTHAPURAM. ADV. SRI.K.K.JOHN,SC,SOUTH INDIAN BANK FOR R1,2 &5 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.2067 of 2009 & C.M.Appln.No.964 of 2009 ------------------------------------------ Dated this the 30th day of September, 2009 JUDGMENT A.K.Basheer, J. Sri.K.K.John, learned Standing Counsel, accepts notice for respondents 1, 2 and 5 who are the contesting respondents. In the peculiar facts and circumstances of the case, notice to respondents 3 and 4 is dispensed with since the delay in filing the appeal is only ten days. We have perused the averments contained in the affidavit filed in support of the application for condonation of delay and we are satisfied that the delay in filing the writ appeal has to be condoned. We do so. 2. We have heard learned counsel for the appellant at length and we have perused the entire materials available on record. We have also heard Sri.John, learned Standing Counsel who appears for respondents 1, 2 and 5. 3. Having regard to the peculiar facts and circumstances of W.A.No.2067 of 2009. - 2 - the case, we are satisfied that the prayer made by the learned counsel for the appellant to permit him to withdraw the writ appeal as well as the writ petition can be allowed. We do so. 4. It will be open to the appellant to pursue the other statutory remedies, if any, available to him within a period of one week from today. No coercive steps shall be initiated against the appellant for a period of one week. We make it clear that this order shall not be treated as a precedent since this order is being passed only in the peculiar facts and circumstances of this case. Appeal is disposed of in the above terms. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns