Order no. 6        Dated 04/08/2009

Both the parties are represented by their respective lawyers. Today is fixed for passing necessary order. But the ld. Lawyer for the complainant by filing a petition has prayed for withdrawing the instant case on the ground that out of mistake they could not have complied with the provisions u/s 86(1) of C. P. Code with regard to issuance of summons/notices to the consulate.

Heard. Considered.

We have perused the petition and noted its contents. It has further been contended interalial that they have prayed for withdrawing the case with a liberty to sue afresh by complying the provisions with regard to issueance of summons/notices upon the consulate as rovided u/s 86(1) of C. P. Code.

Heard. Considered.

We find merit in the submission as well as the contents of the instant petition filed by the ld. Lawyer for the complainant.

Having due regard to the circumstances coupled with the legal provisions as contained u/s 86(1) of the C. P. Code, the complainant is permitted to withdraw the instant case with a liberty to file a fresh application subject to compliance of the provisions as laid down u/s 86(1) of the C. P. Code, if they so like and the present proceeding is disposed of by way of dropping the instant case.

Parties may obtain certified copy of this order on payment of prescribed fees.