IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.1055-1057 OF 2009 (Arising out of S.L.P. (C) Nos.19770-19772 of 2007)

UCO Bank and Anr.      ...Appellant(s)

Versus

Pradeep Kumar      ...Respondent(s)

O  R  D  E  R

Leave granted.

After the case was heard at length, learned counsel appearing on behalf of

the respondent made a prayer that his  client may be permitted to withdraw Writ

Petition No. 11929 of 2007 filed by him before the Punjab and Haryana High Court to

enable  him  to  move  the  Debt  Recovery  Tribunal  by  filing  an  application  under

Section  17  of  the  Securitisation  and  Reconstruction  of  Financial  Assets  and

Enforcement of Security Interest Act, 2002 [for short, `the Securitisation Act’].   

In our view, the request made by the learned counsel  is reasonable and

deserves to be accepted. Accordingly, the respondent is permitted to withdraw Writ

Petition No. 11929 of 2007 pending before the Punjab and Haryana High Court with

liberty to him to file appropriate application under Section 17 of the Securitisation

Act before the Debt Recovery Tribunal.  In case such an application is filed, the same

shall be considered and disposed of on merits.

The interim orders  passed by  the  High  Court  on 6th August,  2007,  23rd

August,  2007 and  26th September,  2007  in  Writ  Petition  No.  11929 of  2007 stand

automatically vacated.

The civil appeals are, accordingly, disposed of.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, February 13, 2009.