Mr.George Koshy, v. The Debt Recovery Appellate
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.06.2018
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD W.P.No.34054 of 2017 and W.M.P.Nos.37780 & 37781 of 2017 George Koshy .. Petitioner Vs.
1.The Debt Recovery Appellate Tribunal Chennai - 600 002.
2.The Recovery Officer, Debt Recovery Tribunal, Karnataka at Bangalore.
3.State Bank of India Stressed Assets Resolution Centre, 1st floor, Bangalore city branch, J.C.Road, Bangalore - 560 002, Rep. by its Asst. General Manager.
4.Mr.Muneem Atther, Chairman Pro-Grid Developers Ltd., No.22/2, 3rd Floor, NJ Chambers, Tasker Town, Bangalore - 560051.
5. Pro-Grid Developers Ltd., Rep.by its Managing Director, Mr.B.N.Sudheendra, No.22/2, 3rd floor, N.J.Chamber, Tasker Town, Bangalore - 560051.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records relating to the exparte order dated 31.10.2012 made in O.A.No.256 2010 on the file of the 2nd Respondent Debt Recovery Tribunal, Bangalore and the consequential order dated 9.11.2017 made in RA 114 of 2014 on the file of the 1st Respondent Debts Recovery Appellate Tribunal at Chennai in dismissing the petitioners R.A.No.114 of 2014 and
thereby confirming the exparte order dated 31.10.2012 made in O.A.No.256 of 2010 on the file of the 2nd Respondent Debt Recovery Tribunal, Bangalore and quash the same. For Petitioner : Mr.B.Chandrasekaran
ORDER
(Order of this Court was made by S.MANIKUMAR, J.) Writ Petition has been filed praying for issuance of a Writ of Certiorari, calling for the records relating to the exparte order dated 31.10.2012 made in O.A.No.256 2010 on the file of the 2nd Respondent Debt Recovery Tribunal, Bangalore and the consequential order dated 9.11.2017 made in RA 114 of 2014 on the file of the 1st Respondent Debts Recovery Appellate Tribunal at Chennai in dismissing the petitioners R.A.No.114 of 2014 and thereby confirming the exparte order dated 31.10.2012 made in O.A.No.256 of 2010 on the file of the 2nd Respondent Debt Recovery Tribunal, Bangalore and quash the same.
2. On 24.04.2018, when the matter came up for hearing, learned counsel for the petitioner submitted that the bank has been approached for settlement, which Mr.M.Devaraj, learned counsel for the bank did not dispute. Recording the same, the matter was posted for reporting on 04.06.2018.
3. On this day, when the matter came up for further hearing, learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition. He has also made an endorsement to that effect.
4. Placing on record the above, writ petition is dismissed as withdrawn. No Costs. We make it clear that, no leave is granted to file a fresh writ petition on the same cause of action. Consequently, the connected miscellaneous petitions are closed.
-s/d- Assistant Registrar(CS-IX) True Copy Sub-Assistant Registrar dm To 1.The Debt Recovery Appellate Tribunal Chennai - 600 002.
2.The Recovery Officer, Debt Recovery Tribunal, Karnataka at Bangalore.
+1 CC to Mr.M. Devaraj, Advocate sr 34691.
W.P.No.34054 of 2017 and W.M.P.Nos.37780 & 37781 of 2017 SP(08/06/2018)