Patna High CourtMA/586/2007dismissed

Janardan Sharma v. Rajeev Sah

2015-01-09Mr. Justice Akhilesh Chandra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.586 of 2007 =========================================================== Janardan Sharma, Son of Late Anup Lal Sharma, Resident of Village-Chirouri, P.S.-Chousa, District-Madhepura (Owner of Tractor No. B.R.IIA 7419. ............Opposite Party No. 1..........Appellant

Versus

1. Rajeev Sah, Son of Mahendra Sah, Resident of Village-Chirouri, P.S.-Chausa, District-Madhepura.

...........Claimant......... Respondent

2. Budul Sharma, Son of Radhe Sharma (Driver), Resident of Village-Chirouri, P.S.-Chausa, District-Madhepura.

.........Opposite Party No. 2........Respondent =========================================================== Appearance :

For the Appellant/s : Mr. Ashok Kumar, Advocate For the Respondent/s : Mr. Shekhar Kumar Singh, Advocate Mr. Pankaj Kumar Jha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL JUDGMENT Date: 09-01-2015 Heard the parties.

2. This is an appeal preferred against the Judgment and Award respectively dated 18/11/2006 and 02/01/2007 passed by learned District Judge-Cum-M.V. Claim Tribunal, Madhepura in M.V. Case No. 01 of 2004.

3. After some arguments, in view of earlier appearance before the Claim Tribunal Below by the appellant

Patna High Court MA No.586 of 2007 dt.09-01-2015 and not filing written statement in spite of directions, learned counsel appearing on behalf of the appellant seeks permission to withdraw this appeal.

4. Permission is accorded.

5. Accordingly, this appeal stands disposed of as withdrawn.

6. The appellant is directed to satisfy the Award, as imposed by the Claim Tribunal Below, within a month, failing which, the appellant may be liable to pay additional amount of Rs. 1,00,000/- (Rupees One Lac) and the entire amount of Award with up-to-date interest + (plus) the additional amount of Rs. 1,00,000/- (Rs. One Lac), which may be realized from the personal property of the appellant. Due payment shall be made to the claimant and the rest amount shall lie with the State.

(Akhilesh Chandra, J) Praveen-II/- U T