S.B.CIVIL MISC. APPEAL NO. 1928/2006 Date of order : 30th July, 2007 HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr. Parikshit Nayak, for the appellant. Mr. Sanjeev Johari (Insurer) for the respondent. Nobody has appeard for the claimants despite service. Mr. Parikshit Nayak, learned counsel for the appellant candidly submits that in view of the nature of the impugned order the competence of this appeal under Section 173 of the Motor Vehicles Act remains questionable. Learned counsel seeks permission to withdraw this appeal and seeks liberty to take recourse to proper remedy in accordance with law. Permission granted. Dismissed as withdrawn with liberty as prayed. (DINESH MAHESHWARI),J. s.soni