Learned Counsels Mr. K.K. Jena, Mr. A.B. Mohanty and Mr. Baidhar Sahoo are present on behalf of the Appellant, Respondent No. 1 and Respondent No. 2, 3 and 5 respectively.
Learned Counsel for the Appellant has filed a Memo stating therein,
"In view of the Affidavit filed on behalf of the Respondent No.1/Complainant, stating therein that he has complied with the order of the District Forum & he has no grievance against the APICOL (Appellant) & others, cause of action does not survive thereafter, since Respondent No.1 has already received the subsidy amount of Rs.8,584/- from the APICOL (Appellant).
Therefore, the above mentioned First Appeal No.138/2007 may be disposed of accordingly as the same is infructuous.
Secondly the Counsel for Respondent No.2,3 and 5 has also filed a memo stating therein
"that the Respondent No. 1(Complainant in the court below) has filed Affidavit dated 17-03-2023 and Memo has been filed by Appellant
as F.A is infructuous in view of affidavit. Hence the F.A may be disposed of as infructuous being Complainant has no claim as per his affidavit".
Memos be kept in record.
Heard the learned Counsels appearing on behalf of respective Parties. Perused the memos filed by Appellant, Respondent No.2, 3 and 5 and the affidavit filed by Complainant.
In such view of the matter as narrated above the Appeal stands disposed of in terms of the memo filed by learned Counsel of the Appellant, at the risk of Appellant.
Statutory amount may be refunded to the Appellant on proper identification.
Send back the DFR.