Madras High Court Dismisses Writ Appeal as Withdrawn in Bank Dispute — No Order as to Costs. Appellant Sought Permission to Withdraw Appeal Against Order in Writ Petition, Which Was Granted.

High Court: Madras High Court
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Case Note & Summary

The appellant, Sekar Iyer, filed a writ appeal under Clause 15 of the Letters Patent before the Madurai Bench of the Madras High Court, challenging an order dated 19.10.2023 in W.P.(MD)No.12676 of 2021. The respondent was the Branch Manager of Indian Bank, Cheranmahadevi Branch. During the hearing on 07.01.2025, the appellant's counsel sought permission to withdraw the appeal and made an endorsement to that effect. The court, comprising Justice M.S.Ramesh and Dr. Justice A.D.Maria Clete, permitted the withdrawal and dismissed the writ appeal as withdrawn. No costs were awarded. The judgment is brief, with no detailed analysis of legal issues or merits.

Headnote

A) Civil Procedure - Withdrawal of Appeal - Permission to Withdraw - The appellant sought permission to withdraw the writ appeal, which was granted by the court. The court dismissed the appeal as withdrawn with no order as to costs. (Paras 1-2)

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Issue of Consideration

Whether the appellant should be permitted to withdraw the writ appeal.

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Final Decision

The Writ Appeal is dismissed as withdrawn. No order as to costs.

Law Points

  • Withdrawal of appeal
  • Dismissal as withdrawn
  • No costs
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Case Details

2025 LawText (MAD) (01) 282

W.A.(MD)No.2693 of 2024

2025-01-07

M.S.Ramesh, A.D.Maria Clete

Mr.S.Sathyachidambaram (for appellant), Mr.R.Pandivel (for respondent)

Sekar Iyer

The Branch Manager, Indian Bank, Cheranmahadevi Branch, Tirunelveli District

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Nature of Litigation

Writ Appeal under Clause 15 of Letters Patent against an order in a Writ Petition.

Remedy Sought

Appellant sought to set aside the order dated 19.10.2023 in W.P.(MD)No.12676 of 2021.

Filing Reason

Appellant challenged the order of the learned Single Judge in the Writ Petition.

Previous Decisions

The Writ Petition (W.P.(MD)No.12676 of 2021) was disposed of on 19.10.2023.

Issues

Whether the appellant should be permitted to withdraw the writ appeal.

Submissions/Arguments

Appellant's counsel sought permission to withdraw the appeal and made an endorsement.

Ratio Decidendi

The court permitted the appellant to withdraw the appeal, resulting in dismissal as withdrawn with no costs.

Judgment Excerpts

Learned Counsel for the appellant seeks permission of this Court to withdraw this Writ Appeal. Accordingly, this Writ Appeal is dismissed as withdrawn. There shall be no order as to costs.

Procedural History

The appellant filed W.A.(MD)No.2693 of 2024 against the order dated 19.10.2023 in W.P.(MD)No.12676 of 2021. On 07.01.2025, the appellant sought and was permitted to withdraw the appeal, which was dismissed as withdrawn.

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