The petitioner sought withdrawal of a writ petition filed against a private financing company. The High Court permitted the withdrawal, dismissing the petition on that ground while leaving factual and legal questions open.
Permission to withdraw the writ petition, which is accordingly dismissed as withdrawn.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 18TH DAY OF JULY 2019 / 27TH ASHADHA, 1941
WP(C).No.4722 of 2019
PETITIONER/S:
JOHNSON MATHEW, AGED 49 YEARS, S/O.K.V.MATHEW, KANJIPUZHAYATHU, VALAKUZHI P.O.,CHUZHANA, MALLAPPALLY, PATHANAMTHITTA DISTRICT689544.
BY ADVS. SRI.S.SHANAVAS KHAN SMT.S.INDU
RESPONDENT/S:
1 M/S.SUNDARAM FINANCE LIMITED, 21, PATTULLOS ROAD, CHENNAI- 600002, REPRESENTED BY ITS MANAGER (LEGAL).
2 THE MANAGER, M/S.SUNDARAM FINANCE LIMITED, KOTTAYAM BRANCH- 686001, REPRESENTED BY ITS BRANCH MANAGER.
R1 & R2 BY ADV. SRI.S.RUSSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.4722 of 2019 2
JUDGMENT
The maintainability of this writ petition was
doubted by me, since it is filed against a private financing company, who has provided loan to the petitioner. Since the petitioner submitted that there
is a scope for settlement, the matter was placed
before the mediator, however, it is not settled.
the petitioner sought permission to withdraw the writ petition.
Accordingly, the writ petition is dismissed as withdrawn. All the questions of facts and law raised in the writ petition are left open.
Sd/-
SHAJI P.CHALY
JUDGE
uu 18.07.2019
WP(C).No.4722 of 2019 3
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 21.12.2018 ISSUED BY ARBITRAL TRIBUNAL ALONG WITH CLAIM STATEMENT.
RESPONDENT'S/S EXHIBITS:NIL
2 issues framed by the court
Whether the writ petition against a private financing company is maintainable?
Whether the petitioner is entitled to a withdrawal of the writ petition?
JOHNSON MATHEW
M/S.SUNDARAM FINANCE LIMITED
SHAJI P.CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
