High Court of Judicature at Allahabad
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Executive Engineer, Vi-Construction Div. Varanasi v. P.O. Labour Court And Ors - WRIT - C No. 3959 of 1999  RD-AH 13627 (7 August 2007)
Hon'ble S.U.Khan J
List revised. No one appears for the respondent. Heard learned counsel for the petitioner.
This writ petition is directed against recovery proceeding in pursuance of the award dated 31.7.1995. Through interim order dated 4.2.1999, recovery proceedings were stayed subject to deposit of the amount. Learned counsel for the petitioner states that the amount was deposited. An application for withdrawal of the writ petition has been filed on 19.7.2007 stating therein that the impugned award dated 31.7.1995 which was exparte has been set-aside, hence, this writ petition has become infructuous. Oral prayer for withdrawal of the deposited amount has also been made.
In view of the fact that exparte award has been set-aside and now the matter is to be heard on merit, writ petition is dismissed as withdrawn . Let the amount deposited under interim order dated 4.2.1999 be returned to the petitioner at once.
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