,3 COURT OF CHHATTISGARH AT BILASPUR DiVISION BENCH DEFENDANT SHR1 RAJEEV GUPTA, CJ. HON'BLE SHRI SUNIL KUMAR SINHA, 1. 2. iSPONDENT 3. ,3 .A. (Ct No. 15S8/2008 Ram Badan Kushwaha, aged about 40 years son of Shri Gopal Ram, resident of village Sarhari, P.S. Pratappur, Tahsil Pratappur, Distt. Sarguja (C.G.) Laxman son of Lurka, aged about 24 years, Dewmaniya wife of Laxman, aged about 20 years, Fulbasiva, wife of Manbodh, aaed about 30 years, Respondents No.1 to 3 are Kodaku by caste, R/o. vill. Sarhari, P.S. Pratappur, Tah. Pratappur, Distt. Sarguja (C.G.) Orienta! Insurance Company Limited, through the Branch Manager, Ambikapur, Distt. Sarguja (C.G.) MISCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTORVEHICLES ACT. 1988 Present: Shri Sushil Dubey, learned counsel for the appeilant. ISt The foltowing order of the Court was passed by Shri Sushil Dubey, learned counsel for the appellant, in view of the fact that appellant Ram Badan Kushwaha, the owner of the offending vehlcle is not responding to his communication for sending the proof of deposit of the mandatory amount under Section 173 of the Motor Vehicles Act, seeks permission to withdraw the appeal filed by the appetiant against the impugned award dated 26-09-2007, passed in Claim Case No. 09/2007, with the liberty of filing another appeal against the impugned award as and when the proof of mandatory deposit under Section 173 of the Motor Vehicles Act is made available by the appellant. 2. Permission granted. 3. With the above liberty, the appeal is dismissed as withdrawn. 4. The Registry is directed to return the certified copy of the impugned award to learned counsel for the appellant immediately. s<y- Chief iustice Sd/- Sunil Kumar Sinha Judge nimmi