LAWS(MPH)-1995-7-40

ASHOK KOHLI Vs. PRAKASH CHAND

Decided On July 10, 1995
ASHOK KOHLI Appellant
V/S
PRAKASH CHAND Respondents

JUDGEMENT

(1.) This appeal is filed under S.173 of M.V. Act, 1988. A preliminary objection is raised by Shri B.N. Malhotra, counsel for respondent No.4 that the appeal is incompetent and cannot be entertained as the appellant with the appeal did not deposit the half of the awarded amount. The award being for Rs. 50,000/-.

(2.) On the other hand, the appellant submits that he wants to 'withdraw' the appeal, and therefore, prays that the appeal be allowed to be 'withdrawn'.

(3.) The claimants' counsel Shri J.P. Shrivastava appearing for respondents 1 and 2 submits that since the respondents have filed cross-objections in the appeal, therefore, even if the appeal is allowed to be withdrawn, the cross-objections are still required to be heard and determined. The contention of Shri Shrivastava is based on the provisions of sub-rule (4) of R.22 of O.41, C.P.C., which provides that -