Case Note & Summary
The matter before the Supreme Court involved appeals filed by co-operative service banks against the State of Kerala and others. The exact nature of the underlying dispute was not detailed in the brief order. The proceedings comprised two sets of appeals: Civil Appeal Nos. 2274-78 of 1977 and Civil Appeal Nos. 3436-47 of 1996, which arose out of Special Leave Petition (Civil) Nos. 106-17 of 1978. The latter set pertained to The Palghat Service Co-operative Bank Ltd. v. State of Kerala & Ors. The order recorded that counsel for the appellants sought liberty to have the appeals dismissed as withdrawn, citing similar orders passed by the Court in Civil Appeal No. 2279 of 1977 and batch on December 6, 1982, and another order dated February 12, 1992 in Civil Appeal No. 295 of 1978. No substantive legal issues were raised or decided; the Court was only called upon to consider the procedural prayer for withdrawal. The counsel's request indicated that the appeals were no longer being pursued, presumably following the pattern established in earlier similar matters. The bench comprising K. Ramaswamy and B.L. Hansaria, JJ. accepted the request. For Civil Appeal Nos. 2274-78 of 1977, the Court dismissed the appeals as withdrawn and awarded no costs. For Civil Appeal Nos. 3436-47 of 1996, leave was granted and the appeals were likewise dismissed as withdrawn with no order as to costs. The judgment did not discuss any provisions of any statute nor any legal principles; it merely recorded the withdrawal and consequent dismissal. The outcome was purely procedural, leaving the substantive rights of the parties unaffected by any adjudication on merits.
Headnote
A) Civil Procedure - Withdrawal of Appeals - Not Applicable - No Specific Statute Cited - The counsel for the appellants sought liberty to withdraw the appeals following similar orders passed in earlier cases; the Supreme Court granted leave in the special leave petitions and dismissed the appeals as withdrawn without costs; Held that the appeals stood dismissed as withdrawn (Paras Not mentioned).
Issue of Consideration
Whether the appeals should be dismissed as withdrawn in light of similar orders passed earlier by the Supreme Court.
Final Decision
Civil Appeal Nos. 2274-78 of 1977 were dismissed as withdrawn; Civil Appeal Nos. 3436-47 of 1996 (arising out of SLP (C) Nos. 106-17 of 1978) were dismissed as withdrawn after leave was granted; no costs.
Law Points
- Appeals may be dismissed as withdrawn at the request of counsel when similar orders have been passed previously
- leave granted and appeals dismissed as withdrawn
- no costs awarded in such procedural withdrawals.
