Assam

StateCommission

A/19/2018

Dr. Dhiren Saharia - Complainant(s)

Versus

Sri Kharu Bania - Opp.Party(s)

Mr. D. Razak

21 Feb 2022

ORDER

BEFORE THE ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION
GUWAHATI
 
First Appeal No. A/19/2018
( Date of Filing : 22 Mar 2018 )
(Arisen out of Order Dated 15/02/2018 in Case No. CC/66/2009 of District Kamrup)
 
1. Dr. Dhiren Saharia
S/o Sambhu Nath Saharia, M. D., FAGE, Pathologist of Saharia Path Lab, Bhangagarh, G. S. Road, Guwahati-781005
Kamrup(M)
Assam
...........Appellant(s)
Versus
1. Sri Kharu Bania
S/o Late Uma Kanta Bania, R/o- Rudra Nagar, Chandmari, Guwahati-781003
Kamrup(M)
Assam
2. National Insurance Co. Ltd.
Div. Office-II, M. L. Nehru Road, Panbazar, Guwahati-781001
Kamrup(M)
Assam
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Prasanta Kumar Deka PRESIDENT
 HON'BLE MRS. Soneka Borah MEMBER
 HON'BLE MR. Sisir Kr Baruah MEMBER
 
PRESENT:Mr. A. H. Sarkar,Advocate, Proxy for Mr. D. Razak, Advocate for for the Appellant 1
 Mr. N. Kalita,Advocate, for Ms. A. Choudhury, Advocate for the Respondent 1
Dated : 21 Feb 2022
Final Order / Judgement

                   Mr. A. H. Sarkar, learned counsel, appearing for the appellant in presence of Mr. N. Kalita, learned counsel, for the respondent No. 1submits that the parties had settled out the disputes raised in the original complaint petition outside the Court, and as such, Mr. Sarkar on behalf of the appellant has submitted to withdraw this appeal. Mr. Kalita on the other hand fairly submits that he had also instruction in respect of settlement arrived out of the court. Both the counsels also submit that the insurance company though impleaded as respondent No. 2, had no role in the settlement process and as such, absence of the counsel for the insurance company, had not hampered in the settlement process.

                        In view of the said submission, this appeal is disposed on withdrawal.

                        Statutory amount deposited by the appellant at the time of filing the appeal shall be returned to the appellant by the Registry on proper identification of the representative of the appellant.

                        Send back the LCRs of C.C. 66/2009 to the District Commission, Kamrup at Guwahati along with a copy of this order.

 
 
[HON'BLE MR. JUSTICE Prasanta Kumar Deka]
PRESIDENT
 
 
[HON'BLE MRS. Soneka Borah]
MEMBER
 
 
[HON'BLE MR. Sisir Kr Baruah]
MEMBER
 

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