- (1.) This Letters Patent Appeal is preferred against the order dated 2.4.2013, dismissing the writ petition being W.P. (C) No. 933 of 2013, whereby the learned Single Judge directed the appellant to appear and cooperate before the S.E.B.I in respect of the proceedings. The appellant is a Public Limited Company. To carry out the business of the Company, namely work of environment etc., the appellant has been raising money from the public. By virtue of ad interim ex parte order dated 21.10.2010 the appellant-company was directed by the S.E.B.I. not to collect any money from the customers and to launch any Scheme and also restrained the appellant from disposing the assets of the Scheme or from diverting the funds raised from the public. Vide order dated 3.5.2011, S.E.B.I. directed the Company to wind up its existing collective schemes and the money collected by it under the Scheme and return the money which are due to the customers as per terms of the offers. Challenging the said order dated 3.5.2011, the appellant filed writ petition being W.P. No. 12920 (W) of 2011 before the Calcutta High Court and the same is still pending.
(2.) The grievance of the appellant is that on 5.2.2013, the second respondent with the help of local police officials sealed the branch offices of the appellant situated at Deoghar. Challenging the same, the appellant filed writ petition being W.P. (C) No. 933 of 2013 and the same was dismissed by a common order on 2.4.2013 holding that in the facts and circumstances of the case, the Court is not inclined to exercise its discretionary jurisdiction and directed the appellant to appear and cooperate before the S.E.B.I. in the proceedings pending before S.E.B.I. Being aggrieved by the dismissal of the writ petition, the appellant has filed this Letters Patent Appeal.
(3.) The learned counsel for the appellant Mr. Indrajit Sinha submitted that subsequently S.E.B.I. has passed the order on 30.12.2013 as against which the appellant has also filed appeal before the S.E.B.I. Appellate Tribunal and seeks permission to withdraw the Letters Patent Appeal.;