Gurdeep Singh vs Rekha Devi. & Ors

Vivek Singh Thakur, J

Petitioner, besides assailing order impugned herein, has also moved an application under Order 9 Rule 13 CPC for setting aside the exparte award before Commissioner, Workmen Compensation Act, Barsar, District Hamirpur, H.P. and the said application is pending adjudication.

In view of above, learned counsel for the petitioner seeks permission to withdraw this petition with liberty to file afresh, as permissible under law, if occasion arises to do so, as per legal advice, with further prayer that respondents be directed to appear before Commissioner, Workmen Compensation Act, Barsar, District Hamirpur, H.P. in the aforesaid application filed under Order 9 Rule 13 CPC which is listed on 14th August, 2020. Learned counsel has also prayed for returning of certified documents filed with this petition.

Prayer is not opposed.

In view of the above, present petition is dismissed as withdrawn with liberty as prayed for with further direction to the respondents to appear before Commissioner, Workmen Compensation Act, Barsar, District Hamirpur, H.P. either in person or through counsel on 14th August, 2020 for adjudication of the application filed on behalf of the petitioner under Order 9 Rule 13 CPC in WCA Petition No.12 of 2011 titled Rekha Devi vs. Prahlad, decided on 21.11.2018.

The Commissioner shall decide the aforesaid application as expeditiously as possible preferably on or before 20.11.2020.

Registry is also directed to return certified copies of documents filed with this petition on furnishing attested photocopies thereof, to be placed on record.

Pending application(s), if any, also stands disposed of.