Heard Mr. A. Kundu, learned counsel, appearing for the appellant LICI.
Vide order dated 7-1-2022, notice was directed to be issued to the respondent by way of registered post with A/D which was accordingly done by the Registry as per office note dated 27-1-2022. As of now, neither unserved notice nor the postal A/D card are received back by the Registry. Considering the postal address as per postal receipt and the mandatory thirty days period is also over, accordingly, we presumed that notice was duly served on the respondent.
Mr. Kundu, referring to the joint compromise application filed on 7-1-2022, it is submitted that he has the instruction that a compromise had already taken place and in support of that, he has referred to the affidavit filed by both the appellant LICI and respondent Sri Mridul Bezbaruah sworn on 6-12-2021 at Jorhat. As per the prayer made in the joint compromise petition, we accordingly allow the prayer sought for by both the parties and as such, we close this appeal as the matter had already been settled by the parties amicably outside the court.
Statutory amount of Rs. 25,000/- deposited by the appellant LICI at the time of filing the appeal, shall be returned to the appellant on proper identification.
Send back the record of C.P.A. Case No. 6/2015 along with a copy of this order to the District Commission, Jorhat.