iii ! 1 '••^:" ^L HjGH COURT OF CHHATTISGARH AT BiLASPUR Beiich : Hon'fale Shrl DJiip Raosaheb Deshmykh, J. Respondents M.A.(C.)No.581/2007 Rakesh Kumar. S/o Kartlk Ram Dhimar, Aged about 24 years, R/o Anandpur (Purur) Tahsit Baioda, ;District Durg Versos ; 1. Samaru Ram, S/o Milap Ram Yadav, R/o Jodhapur Navin Tandon, Behind the house of Parshad DhamtarL Dlstriot Dhamtari; 2. Sukharaj Singh Thakur, S/o Kishan Lai Thakur, resident of Near Cail Tax Petroi Pump BastarRoad, Dhamferi (CG) Appeal under Section 173 ofthe IViotorVehicSes Act Present : - Shri Sunii Sahu for the appellant.. Shri R.N.Jha for respondent No.2 ORALORDER .. . . (Passed on this 23ro day of September, 2008) Heard cn i.A.No.1 for condonation of deiay of 537 days in fijing the appea!.. 1. 2, Learned/counsel for the appelIanVcIaimant submitted that he. has" flled thls appeal only because the respondent No.2/owner of the vehlcle, •who bythe Tribunai, has execution proceedings for recovery of the amount of interim compensation deposlted by hlm under Section 140 of the IVI.V. Act in the Tribunai which was pald to the appelIanVciaimant. .; / (. 3. Upon perusal of the award, no such direction t6 have been made by the Tribunai fqr.-recovery.of the amount of interim compen3ation_ i( • '[ from the appeilanVcjaii^ant. el! R •\ ^ -^ 4. Shri R.NJha, iearned counsel for respondent No.2 also did not dispute that no prder for recovery of interim compensatlon paid to the claimant has been passed bythe Tribunai. 5. Learned counsei for the appeiiant prays for permission to witbdraw this appeai with liberty to take appropriate steps against ihe order for recovery ofthe arnount of interim compensation passed in Executlon Case bytheTribunal. 6. The appeal is dismissed as withdrawn yfflthJibertv as prayed for. DUip Raosaheb Deshmukh Y^- .'< \.' i\