Supreme Court of India

THE VADAKKENCHARY CO. OPERATIVE SERVICE BANK LTD. ETC. ETC.versusSTATE OF KERALA AND ORS.

Citation: 1996 INSC 197
Decided: 7 February 1996
Disposal: Dismissed as withdrawn
Bench: K RAMASWAMYB L HANSARIA

Holding

The Court may allow the withdrawal of pending civil appeals and dismiss them as withdrawn.

Summary

The Vadakkenchary Co. Operative Service Bank Ltd. appealed against judgments of the Kerala High Court (Civil Appeal Nos. 2274‑78 of 1977). The appellants later sought liberty to withdraw these appeals, invoking earlier orders of this Court that allowed similar withdrawals. The Court granted the liberty and dismissed the appeals as withdrawn, ordering no costs. The order also noted that similar procedural applications had been entertained in earlier cases.

Issues considered

Whether a Court may permit parties to withdraw pending civil appeals and dismiss them as withdrawn.

Subjects

civil appealwithdrawal of appealprocedural lawdismissal as withdrawn

Judgment

        THE VADAKKENCHARY CO. OPERATIVE SERVICE BANK                                A
                       LTD. ETC. ETC.
                                          v.
                         STATE OF KERALA AND ORS.

                                FEBRUARY 7, 1996
                                                                                    B
                  [K. RAMASWAMY AND B.L. HANSARIA, JJ.]

           Appeal-Similar appeals dismissed earlier-Liberty to withdraw the
     present appeals granted-Appeals dismissed as withdrawn.

           CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 2274-78
                                                                                    c
     of 1977 Etc.

          From the Judgment and Order dated 30.12.76 of the Kerala High
     Court in O.P. Nos. 3116, 3121, 3239, 3240 and 3372 of 1974.
                                                                                    D
            V.B. Saharaya, for the appellants.

            M.T. George for the Respondents.

            The following Order of the Court was delivered :

     CA. Nos. 2274-78/77
                                                                                    E

            Counsel states that he seeks liberty to have the appeals dismissed as
     withdrawn following similar orders passed by this Court in S.A. 2279 of
     ·1977 and batch on December 6, 1982; and another order dated February
      12, 1992 in C.A. No. 295 of 1978. The appeals are accordingly dismissed       F
      as withdrawn. No costs.

            C.A. Nos. 3436-47 of 1996 [@ SLP (C) No. 106-17/78]

            Leave granted.
                                                                                    G

--   G.N.
            Appeals are dismissed as withdrawn. No costs.

                                                 Appeals dismissed as withdrawn.




                                         247

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