SS^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV ©UPTA,CJ. & HON'BLE SHRI SUNU- KUMAR SII\ttlA, J. APPELLANT RESPONDENTS M.A.No.269of2003 Smt. Heman James, Aged about 33 years, W/o Dinesh Jaraes, House Wife, R/o T.B. Hospital - Tatiband Ralpur, Tahsil&Dist.Raipur(C.G.) Versus 1. Avinash James (Mlnor), S/o Late Dinesh James, aged about 4 Yrs. 2. Ku. Smriti James (Minor), D/o Late Dinesh James, aged 2 years, Respondent No.1 & 2 represented by legal guardian, Maternal Uncle, Sanjay Kumar Chelak S/o Sukhanandan Chelak, aged 20 Yrs. R/o Chedi Khedi, P.S. Mandir Hasod, Tahsil & Dist. Raipur (C.G.) 3. Oriental Insurance Co. Ltd., Divisfonal Manager, Divisional Office, Kutehheri Chowk, Jail Road, Raipur (C.G.) Miscellaneous Appeal Under Section 173 ofthe Motor VehJdesAct.1988 Present: Shri AS Singraul, leamed counsel for the appellant, ORDER (25th September, 2008) The following order of the Court was passed by Rajeev Gupta, C.J. Learned counsel for the appeilant, jn view of the fact that the appellant is not responding to his communication aboirt the production ofthe recetpt ofthe mandatory deposit under Sectton 173 of the Motor Vehictes Act, 1988, seeks permission to withdraw the appeal filed by the appellant against the impugned award dated 17.12.2002, passed by 4th Addjtional Motor Accidents Claim Tribunal, Raipur, in Claim Case No.140/2001, with llberty of filing another appeal against the jmpugned award as and when the deposlt receipt is made available by the appellant. 2) Permission granted. 3) With the above liberty, the appeat is dismissed as withdrawn. 4) Certlfied copy of e impugned award be retumed to the learned counsel for the appellant. l Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge padma -^^,