Haradhan Gorain And Another vs Amit Kumar Pal And Another
2022 Latest Caselaw 302 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                M.A. No. 200 of 2019
                                           With
                                I.A. No. 7439 of 2021
                                           With
                                I.A. No. 9695 of 2019
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Haradhan Gorain and Another ... Appellant(s) Versus Amit Kumar Pal and Another ... Respondent(s).

With M.A. No. 82 of 2018

Haradhah Gorain and Another .... Appellant(s) Versus.

Amit Kumar and Another .... Respondent(s)

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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

(Through: Video Conferencing)

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For the Appellant(s): Mr. Rajiv Kr. Karan, Advocate. For the Insurance Co: Mr. G.C. Jha, Advocate. For other respondent: Mr. Prabhat Kr. Sinha, Advocate.

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I.A. No. 7439 of 2021

05/07.02.2022: This interlocutory application has been filed by the appellants to withdraw this appeal (M.A. No. 200 of 2019), as this is double filing .

Counsel for the appellants submits that challenging the impugned judgment, already M.A. No. 82/2018 has been filed by the same appellants which is still pending. He further submits that due to inadvertence, this appeal has been filed without verifying the fact that for the same relief, the same appellants have already preferred an appeal before this Court, which is registered as Misc. Appeal No. 82/2018. He begs apology for this double filing.

Learned counsel, Mr. Prabhat Kr. Sinha, submits that these two appeals have been filed by the same person challenging the same judgment for same relief.

After hearing the counsel for the parties, I am not inclined to proceed in this appeal (M.A. No. 200/2019). Accordingly, this interlocutory application is allowed.

Consequently, counsel for the appellants is permitted to withdraw the appeal i.e. M.A. No. 200/2019, subject to payment of Rs.2000/-, deposited with Advocates' Association, Jharkhand High Court, Ranchi. The receipt of the said deposit should be filed within two weeks.

I.A. No. 9695 of 2019 is also disposed of in view of withdrawal of the appeal.

M.A. No. 82 of 2018 List this case under the appropriate heading after one week.

Anu/-CP2                                              (ANANDA SEN, J.)