Thressiamma John vs The Recovery Officer on 24 February, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2037 of 2010(D)


1. THRESSIAMMA JOHN, AGED 65, W/O. JOHN,
                      ...  Petitioner

                        Vs



1. THE RECOVERY OFFICER, OFFICE OF THE
                       ...       Respondent

2. THE BANK OF INDIA, TRIVANDRUM MAIN

                For Petitioner  :SRI.M.R.SUDHEENDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :24/02/2010

 O R D E R
                   P.R.Ramachandra Menon, J.
                ------------------------------------------
                     W.P.(C) No.2037 of 2010
                ------------------------------------------
           Dated this the 24th     day of February, 2010

                           JUDGMENT

When the matter came up for admission before this

Court, the coercive proceedings challenged by the petitioner

who is the principal borrower were intercepted on 21.1.2010

subject to the condition that the petitioner deposited a sum of

Rs.5 lakhs on or before 31st January, 2010. It was brought to the

notice of this Court yesterday by the learned counsel appearing

for the Bank that the condition was yet to be complied with and

there was no representation for the petitioner.

2. Today, the learned counsel for the petitioner

concedes that the condition could not be complied with.

However, the petitioner intends to pursue the statutory remedy

and accordingly permission is sought for to withdraw the writ

petition with the liberty as above.

W.P.(C) No.2037 of 2010

– 2 –

In the above circumstances, the writ petition is

dismissed as withdrawn without expressing anything on the

merits.

P.R.Ramachandra Menon,
Judge

vns