On the last date of hearing i.e., 08.12.2020, the case was fixed for consideration on the application for impleading of  Vivek Kaushal as party in the case and also on the application under Section 40 of CPA,2019 for recalling of order dated 07.09.2020 by review of the same. Instead of addressing arguments on these applications, the complainant along with his counsel Sh.Dushyant Ohri, Advocate appeared in person and suffered statement that due to technical defect in the present complaint, he does not want to pursue the  same and withdraws the present complaint with liberty to file afresh on the same cause of action. In view of the aforesaid statement of the complainant alongwith his counsel, the interim relief already granted on 07.09.2020 is not continued. Since the quorum was not complete, therefore, the case was adjourned for further orders  on 15.12.2020.

Today, Quorum is complete. Sh.Navroze Sharma, counsel for applicant-Vivek Kaushal has appeared and cited some judgements: i. AIR 1995 SC 441; ii. 2003(2) ACJ 708 (SC) ; iii.2012 (1) LJR 400 Allahabad, and has also drawn our attention towards an undertaking given by the complainant to his banker-opposite party and prayed  for return of the amount already withdrawn by the complainant. In view of the aforesaid statement of the complainant alongwith his counsel, the present complaint is dismissed as withdrawn. However, the complainant shall remain bound  by the undertaking given by him to his banker-opposite party,  as he had stood on his own as surety for the amount  withdrawn from the opposite party-bank, in view of the interim relief passed by this Commission on 07.09.2020. The bank is also at liberty to deal with the situation, as per Law. Further, the parties are also at liberty to raise their pleas before the Civil Court, where a civil suit is pending. Consequent upon the withdrawal of the main complaint by the complainant, two applications : i.Application for impleadment of applicant-Sh.Vivek Kaushal as OP in the complaint and ii.Application under Section 40 of CPA, 2019 for recalling of order dated 07.09.2020 by review of the same, moved by Sh.Vivek Kaushal-partner of Hotel Royal Plaza, also stand disposed of the same having become infructous. File be consigned to record room.

Announced.