IN THE HIGH COURT OF JUDICATURE AT PATNA First Appeal No.161 of 1971 North Bihar Sugar Mills Ltd. Versus Pandit Girdharan Pd. Mishir&Or ---------------------------------- with First Appeal No.338 of 1975 Janardan Mishra & Ors Versus North Bihar Sugar Mills Co.Ltd ---------------------------------- 125. 16.12.2011 Heard the learned counsel Mr. R.P. Birnaway on behalf of the appellant in F.A. No. 161 of 1971. The learned counsel for the appellant submitted that this appeal has become now infructuous since ex parte order under challenge in this appeal has already been set aside by the court below. Learned counsel Mr. Naresh Kumar Sinha appearing on behalf of the respondent conceded the submission of the learned counsel for the appellant. In view of the above submission of the learned counsel for the appellant, this appeal i.e. F.A. No. 161 or 1971 is dismissed as infructuous. So far First Appeal No. 338 of 1975 is concerned, nobody appears on behalf of the appellant to press this appeal. Accordingly, this first appeal is dismissed for default. The learned counsel Mr. R.P. Birnaway appearing on behalf of the respondent is present. S.S. (Mungeshwar Sahoo, J.)