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National Insurance Company Ltd vs Munna Prasad & Ors on 18 July, 2011

Patna High Court – Orders
National Insurance Company Ltd vs Munna Prasad & Ors on 18 July, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                             MA No.426 of 2004
           The National Insurance Company Ltd., Sone Bhawan, Birchand Patel Path, Patna
           through its Divisional Manager, Gaya (O.P.) ........... Appellant
                                                      Versus
              1. Munna Prasad , Son of Bifan Mahto aged 27 years.
              2. Jinta Devi, Wife of Munna Prasad, aged about 25 years.
                 Both residents of village - Tetaria, Police Station - Barochotti, Post Office
              - Barachati, District - Gaya.
                                                           (Claimants) .......... Respondents
              3. Rajesh Kumar Gupta, Son of Shri K.L. Gupta, Resident of Mohalla - T.P.
                 Nagar, 133/482 Kanpur, U.P. (Owner of vehicle)
              4. Rakesh Kumar, Son of Suraj Singh, Shantinagar, Itawar, U.P. (Driver of
                 the vehicle).
              5. The Oriental Insurance Company Pirmuhani, Patna.
                                                            ......... Opp. Parties - Respondents
                                                    -----------

8 18.07.2011 In this case vide order dated 02.07.2010 learned counsel for

the appellant was granted time to inform the court by filing an affidavit

regarding the status of the case before the court below.

Learned counsel for the appellant informs the court that

despite his best effort he could not get any instruction regarding the

status of the case, and as such, no affidavit could be filed in compliance

with the order dated 02.07.2010.

Learned counsel for the appellant after some argument seeks

permission for withdrawal of this appeal with a liberty to raise the issue

before the court below if matter has not been decided till date.

Prayer is allowed.

The appeal stands dismissed as withdrawn with liberty as

indicated above.

(Rakesh Kumar, J.)

Praful

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