Order no. 08       dt. 29.5.13

Record is put up for order.
Petition filed by the o.p. dt. 1.2.13 challanging the maintainability of the case as well as petition filed by the complainant dt. 28.2.13 are taken up for considetation alongwith written objections filed by the parties in this regard.
On perusal of the petition filed by the o.p. we find that the o.p. submitted that the instant case is not maintainable as there appears some anomalies on the face of the record in the matter Dwarka Nath, Appellant BS Income Tax Commissioner, Special Circle, D Ward, Kanpur and another, Respondent (Para 9).
That being the position filed by the o.p. dt. 01/02/2013 stands rejected on contest and petition filed by the complainant dt. 28/02/2013 deserves consideration and is allowed.
Accordingly instant case stands dismissed since withdrawn vide petition dt. 28/02/2013 filed by the complainant.
Complainant mis at liberty to file complaint afresh on the self same cause of action.