M/S Baba Homes, A Proprietary Concern Rep v. The Union Of India,

THE HON'BLE SRI JUSTI CE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTI CE G.SHYAM PRASAD WRI T PETI TI ON No.15853 of 2016 28.09.2016 Between:

M/s.Baba Homes, Guntur and another ..Petitioners And The Union of India, represented by its Principal Secretary, Ministry of Finance, New Delhi and others ..Respondents Counsel for the petitioners: Mr.K.V.Subrahmanya Narusu Counsel for respondent No.3: Dr.K.Lakshmi Narasimha Counsel for respondent Nos.1 and 2: -- The Court made the following:

CVNR, J & GSP, J W.P.No.15853 of 2016 28.09.2016 ORDER: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This writ petition is filed to set aside the order, dated 10.04.2015, in Application No.411 of 2013 in Appeal No.251 of 2013, passed by the Debts Recovery Appellate Tribunal, Kolkata - respondent No.2. 2.

At the hearing, the learned counsel for the petitioners has submitted that in spite of their best efforts, the petitioners could not secure the certified copy of the affidavit filed before the Debts Recovery Appellate Tribunal in Application No.411 of 2013 in Appeal No.251 of 2013. He has, therefore, requested for permission of the Court to withdraw the writ petition, with liberty to his clients to file a fresh writ petition as and when they secure the certified copy of the affidavit. 3.

Accordingly, the Writ Petition is dismissed as withdrawn, with liberty to the petitioners in terms of the prayer made. 4.

As a sequel to dismissal of the writ petition, W.P.M.P.No.19598 of 2016 filed by the petitioners to expedite the hearing of the writ petition, shall stand dismissed as infructuous.

___________________________ C.V.NAGARJUNA REDDY, J ______________________ G.SHYAM PRASAD, J 28th September, 2016 GHN