Oriental Insurance Comp Ltd. ... vs Bhagoti Prasad And 2 Ors.
2021 Latest Caselaw 7724 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 

 
Case :- FIRST APPEAL FROM ORDER No. - 704 of 2007
 

 
Appellant :- Oriental Insurance Comp Ltd. Through Its Senior Divisional
 
Respondent :- Bhagoti Prasad And 2 Ors.
 
Counsel for Appellant :- Mukund Tewari
 
Counsel for Respondent :- Rakesh Kumar Pal,Vishambhar Singh
 
Hon'ble Mrs. Saroj Yadav,J.

1. Vakalatnama on behalf of appellant has been filed today by Shri Tarun Kumar Mishra, Advocate, which is taken on record.

2. The authorized representative of Insurance Company, identified by Shri Tarun Kumar Mishra, Advocate is present and has submitted an application requesting for dismissal of appeal as withdrawn/not pressed. The contents of application read as under:

"1. This appeal when instituted had certain arguable issues but during pendency and the subsequent judgments of Apex Court as well as this Court, have covered those issues by deciding matters against appellant and no more arguable issue is now surviving, hence appellant finds no reason to continue with this appeal and is giving consent for dismissal of appeal as not pressed.

2. The appellant has moved this application by his/her free consent and without any coercion/ pressure of any kind.

3. The whole decretal amount if not already paid shall be paid within two months from today.

4. Amount deposited at the time of filing of appeal, if not already remitted to Court below, be remitted forthwith and may be allowed to be withdrawn by respondent.

5. It is respectfully prayed that the appeal may be dismissed as withdrawn/not pressed.

6. This withdrawal shall not affect any right to contest in any other cross appeal arising out of same issue."

3. In view of above, appeal stands dismissed as withdrawn/not pressed.

4. The record of Tribunal, if received, shall be remitted forthwith.

 
Order Date :- 10.7.2021
 
Shukla                                                           ( Saroj Yadav,, J.)
 
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(Kirti Srivastava)