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Pratappur Sugar & Industry Ltd. v. Ashwani Kumar Shukla - SECOND APPEAL No. 857 of 1981 [2006] RD-AH 17301 (6 October 2006)


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Court No. 19

Second Appeal No. 857 of 1981

Pratappur Sugar and Industries.................. Plaintiff-Appellant


Ashwini Kumar Shukla......................Defendant-Respondent

Hon. S.P. Mehrotra, J.

Shri Vimlendra Rai holding brief for S/Shri V.K. Singh and G.K. Singh, learned counsel for the plaintiff-appellant states that the plaintiff-appellant does not want to press the Second Appeal, and the same may be dismissed as not pressed.

Civil Misc. (Withdrawal) Application No. 198002 of 2006 has also been filed in this regard. The aforesaid Application is supported by an affidavit, sworn on 9.9.2006 by Ashok Kumar Singh, stated to be working as the Assistant Law Officer in the plaintiff-appellant Sugar Industries.

It is, interalia, stated in the said affidavit that during the pendency of the Second Appeal, the parties have reached a compromise.

In view of the statement made by Shri Vimlendra Rai holding brief for S/Shri V.K. Singh and G.K. Singh, learned counsel for the plaintiff-appellant as also in view of the averments made in the aforesaid Application and its accompanying affidavit, the Second Appeal is dismissed as not pressed.

The interim order, if any, is vacated.

It is made clear that no liberty is being given to the plaintiff-appellant to file a fresh Second Appeal on the same cause of action.

Dt. 6.10.2006

Safi (S.A. 857/1981)


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