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Judgment
Company Appeal (AT) (Ins) No. 1384 of 2022
On repeated call, none appeared on behalf of the Appellant either to press the appeal or to make a prayer for adjournment. However, Mr. Bharadwaj S. Iyengar, Ld. Counsel for R-1 and Mr. Karan Valecha, Ld. Counsel for the Respondent No. 2 are present. From the perusal of the order sheet, it appears that repeatedly the appeal has been adjourned on the request of the Appellant which is evident from order dated 28.02.2023, 26.04.2023 and 13.07.2023 and today there is non appearance. It appears that Appellant is not interested to pursue the appeal. Accordingly, the appeal stands dismissed due to non-prosecution.
Company Appeal (AT) (Ins) No. 1419 of 2022
After some argument, Mr. Bharadwaj S. Iyengar, Ld. Counsel for the Appellant in presence of Mr. Karan Valecha, Ld. Counsel for Respondent/RP seeks permission to withdraw this appeal. Ld. Counsel for the Appellant submits that he intents to avail appropriate remedy.
The prayer for withdrawal of appeal is allowed. Accordingly, the appeal stands dismissed as withdrawn. It is recorded that period consumed by the Appellant in pursuing the present appeal may not come in the way of the appellant while pursuing remedy as available in accordance with law.