United India Insurance Co. Ltd. vs Smt. Sangeeta Devi And Another
2021 Latest Caselaw 7610 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Before National Lok Adalat, 
 
High Court of Judicature at Allahabad
 

 
Case :- FIRST APPEAL FROM ORDER No. - 983 of 2015
 

 
Appellant :- United India Insurance Co. Ltd.
 
Respondent :- Smt. Sangeeta Devi And Another
 
Counsel for Appellant :- V.C. Dixit,Shreesh Srivastava
 

 
Hon'ble Salil Kumar Rai,J.

The authorized representative of the appellant - Insurance Company (United India Insurance Co. Ltd.) and its advocate Sri Vipul Kumar are present. Even though the Court waited for long, no one appeared on behalf of the claimants.

The appellant - Insurance Company has submitted an application praying that the appeal be dismissed as withdrawn / not pressed on the ground that during the pendency of the present appeal, the Supreme Court as well as this Court have given judgments which decide the issue arising in this appeal against the appellant. It has been stated in the withdrawal application that no arguable issue survives and, therefore, the appellant - Insurance Company wishes to withdraw the present appeal and the appeal be dismissed as withdrawn / not pressed.

The records do not show that any cross objection or cross appeal against the award of the Tribunal has been filed by the claimants.

In light of the prayer made by the appellant - Insurance Company, the appeal is dismissed as withdrawn / not pressed.

The interim order, if any, stands vacated.

The decreetal amount, if not already paid to the claimants, shall be paid within two months from today and the amount deposited by the appellant - Insurance Company at the time of filing of appeal, if not already remitted to the court below, shall be remitted forthwith and the claimants-respondents shall be allowed to withdraw the same.

It is clarified that if any cross objection or cross appeal has been filed by the claimants but could not be restored on the records by the office, the claimants shall be entitled to pursue the same and this order shall not act adversely to the interest of the claimants as raised in the aforesaid cross objection or cross appeal.

The appeal is dismissed as not pressed.

The records of the Tribunal, if received, shall be remitted forthwith and the Tribunal shall ensure compliance of the present order regarding disbursal of the amount awarded to the claimants.

 
Order Date :- 10.7.2021
 
IB
 
(Vishnu Singh, Adv.)    (Salil Kumar Rai, J.)