Today, learned counsel Sh. Avil Kaintura on behalf of the appellant as well as learned counsel Sh. Vipin Kumar Gupta on behalf of respondent, have appeared.

Today, an application has been moved on behalf of the appellant, stating that the appellant does not want to pursue the present appeal further, hence the appellant is withdrawing the present appeal.  It has been prayed that the appellant be permitted to withdraw the appeal by passing an appropriate order.

The said application is not opposed by learned counsel for respondent.

A perusal of the record has shown that vide order dated 09.09.2024, delay condonation application moved by the appellant was allowed on payment of costs of Rs. 50,000/-, which was payable by the appellant to respondent within a period of one month and the appeal was fixed for admission.

Thereafter, on 07.11.2024, an application was moved on behalf of the appellant, seeking other date for payment of aforesaid costs and the said adjournment application was allowed on costs of Rs. 2,000/-, payable by the appellant to respondent.  On 25.11.2024, an adjournment application was again moved on behalf of the appellant, which was allowed on costs of Rs. 4,000/-, to be paid by the appellant to respondent.  Thus, the total costs imposed upon the appellant comes to Rs. 56,000/-.

Today, instead of depositing the costs, the appellant has submitted the aforesaid application not to pursue the present appeal and has sought permission to withdraw the appeal.

As the said application is not opposed by learned counsel for respondent, hence the same is hereby allowed and the appeal is hereby dismissed as withdrawn.  No order as to costs.

File be consigned to the record room along with copy of this order.

A copy of this order be sent to the concerned District Commission for perusal, information and necessary action.