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
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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The appeal stands dismissed as withdrawn with liberty as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
