Case Note & Summary
The case involved UCO Bank and another as appellants against Pradeep Kumar as the respondent. The respondent sought permission to withdraw Writ Petition No. 11929 of 2007, which was pending before the Punjab and Haryana High Court, to file an application under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 before the Debt Recovery Tribunal. The court found the request reasonable and granted permission for withdrawal, allowing the respondent to pursue the appropriate application under the Securitisation Act. The court also vacated the interim orders previously issued by the High Court in relation to the writ petition. The civil appeals were disposed of accordingly.
Headnote
A) Civil Procedure - Withdrawal of Writ Petition - Permission to Withdraw - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17 - The court permitted the respondent to withdraw the writ petition pending before the Punjab and Haryana High Court to enable him to file an application under Section 17 of the Securitisation Act before the Debt Recovery Tribunal. The court directed that any application filed shall be considered on merits, and interim orders of the High Court were vacated (Paras Not mentioned).
Issue of Consideration
Whether the respondent could withdraw the writ petition to file an application under the Securitisation Act before the Debt Recovery Tribunal
Final Decision
The court permitted the respondent to withdraw Writ Petition No. 11929 of 2007 and allowed him to file an application under Section 17 of the Securitisation Act before the Debt Recovery Tribunal. The interim orders of the High Court were vacated.
Law Points
- Withdrawal of petition
- Debt Recovery Tribunal
- Securitisation Act
- 2002
- Section 17
- Interim orders vacated
