Per Shri A.Z.Khwaja, Hon’ble Presiding Member.

      Mr. P.R.Bhure, advocate is present for appellant. Mr. Mishrikotkar, advocate has appeared for respondent today and filed vakalatnama. Mr. Mishrikotkar, learned advocate has also orally submitted that present appellant M.S. Pride Real Estate and Developers has already filed one appeal bearing No.A/19/365 and the same is already pending on record. He has also place on record Confonet copy of proceedings. Advocate Mr. Bhure has sought time to take necessary instructions from the appellant.Accordingly time is granted to take necessary instructions. Subsequently Shri Bhure learned advocate for the appellant has appeared in afternoon and has sought permission to withdraw the present appeal. Learned advocate for the appellant has submitted that he had preferred the appeal solely on the instructions given by the wife of appellant as the appellant was lodged in prison. Appellant is present and he has also filed the pursis that he was not aware of the previous appeal, but this statement does not appear to be correct. We have called the record of the earlier appeal No.365/2019 which also shows that the present appellant himself had preferred the earlier appeal challenging the same order  Dt.16/10/2019 passed by the learned Additional District Consumer Disputes Redressal Forum Nagpur. However, during the course of hearing the learned advocate for the appellant has expressed apology for the same and so we feel that no further action needs to be taken on this conduct of the appellant. It is clear that the appellant had suppressed the material facts having appeal bearing No.A/19/365. We have also heard Mr.Mishrikotkar, learned advocate for respondent on this aspect. In the totality of the things it is clear that the present appeal itself is not tenable in law. However since the appellant has tendered the apology through advocate and has sought permission to withdraw the appeal, permission is accordingly granted. Appeal is hereby dismissed for want of prosecution and is disposed of. Stay granted earlier is vacated. Bail granted earlier is hereby stands cancelled.