Court No. - 22
Case :- FIRST APPEAL FROM ORDER No. - 4073 of 2018 Appellant :- Ramchandra Pal Respondent :- Anju Yadav And 6 Others Counsel for Appellant :- Bijendra Kumar Mishra
Hon'ble Shashi Kant,J.
Second supplementary affidavit along with order sheets filed by learned counsel for the appellant is taken on record.
After arguing the matter at some length, learned counsel for the appellant submits that since the impugned judgment and award is ex-parte, the appellant wants to move application for setting aside the ex-parte award under Order 9 Rule 13 read with Section 151 C.P.C., hence the learned counsel for the appellant prays to withdraw this appeal with liberty to file the aforesaid application.
In view of the above, the appeal is dismissed as withdrawn with liberty to the appellant to file the aforesaid application.
However, it is made clear that Rs. 25,000/- deposited as statutory deposit be returned to the appellant in accordance with law along with certified copy of impugned judgment and award keeping on record the photocopy of the same.
Order Date :- 28.11.2018 sailesh