No. 6/02.03.2010.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant in person, Respondent No. 1 through Mr. Subhabrata Das, the Ld. Advocate along with Mr. Mrinal Kanti Das, the Ld. Advocate and Respondent No. 2 through Mr. Jogojyoti Roychowdhury, the Ld. Advocate are present.  At the outset though on behalf of the Respondents contentions have been raised not only against limitation in the present appeal but also propriety of the proceeding against North Barrackpore Municipality.  In view of the contention raised that the disputed ferry service is under the control of Baidyabati Municipality, but the Appellant appearing in person states that on the self same cause of action the present Appellant along with other parties have filed a Writ Petition.   In order to press his rights in the said Writ Petition the Appellant expresses his intention not to proceed with the present appeal.  At that stage as the Appellant is appearing in person the Bench brought to the notice of the Appellant that even if the appeal is not pressed the order of the lower Forum will remain in force.  The Appellant in person has expressed that the Hon’ble High Court being not bound by the order of the Consumer Forum he intends to withdraw the appeal.  Accordingly the appeal is dismissed as withdrawn.  We make it clear that we have not decided any of the questions raised on merit.