SPARK DEALERS PRIVATE LIMITED Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) Mr. Ghosh, learned advocate appearing for the appellant, submits that he has been instructed by the appellant not to proceed with this appeal. He, therefore, prays for dismissal of this appeal for non-prosecution. Mr. Talukdar, the learned senior advocate for the respondent, raises no objection.

(2.) Mr. Sakya Sen, learned advocate appears for the applicant in the application for additional of party. This application is filed by Omnitech Engineers (India) Private Limited for its addition in this appeal in the category of the appellant. Mr. Sen submits that this appellant and the respondent No. 2 are in collusion and, therefore, the appellant is not proceeding with the appeal. Thus, the petitioner is to be added in the category of the appellant and be granted permission to peruse the appeal.

(3.) When the appellant does not proceed with the appeal, the Court has no power to force him to continue. There is no provision in the Code of Civil Procedure to refuse permission to the appellant to withdraw the appeal unconditionally and compel the appellant to proceed with the appeal.