Sri. V. Chandrasekhar, v. The Andhra Bank,

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE P.KESHAVA RAO WRI T PETI TI ON No.6128 OF 2018 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) The prayer of the petitioners in this case reads as under: For the reasons stated in the accompanying affidavit filed in support of the present Writ Petition, it is therefore prayed that this Hon'ble Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the respondent bank in issuing Possession Notice dt.15.02.2018 as illegal, arbitrary against the principles of natural justice and against the provisions of the SARFAESI Act as well as the rules made thereunder and consequently set aside the same and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and in the interest of justice and equity."

Sri Palle Sriharinath, learned counsel for the petitioners, having argued for some time, would seek leave of this Court to withdraw the writ petition reserving liberty to the petitioners to invoke the statutory remedy available to them before the appropriate forum in accordance with law. Sri V.Raghu, learned counsel for the Andhra Bank, the respondent herein, was also heard.

The writ petition is accordingly dismissed as withdrawn with the liberty aforestated.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

_________________ SANJAY KUMAR,J _________________ P. KESHAVA RAO,J Date: 23.02.2018 IBL