The New India Assurance Company ... vs Smt. Saroj Arora And Others
2022 Latest Caselaw 3003 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Before National Lok Adalat, 
 
High Court of Judicature at Allahabad
 
Case :- FIRST APPEAL FROM ORDER No. - 3304 of 2009
 
Appellant :- The New India Assurance Company Ltd.
 
Respondent :- Smt. Saroj Arora And Others
 
Counsel for Appellant :- Vinay Khare
 
Counsel for Respondent :- R.P. Tiwari,Ram Singh
 

 
Hon'ble Shamim Ahmed,J.

List has been revised.

Heard Shri Vinay Khare, the learned counsel for the appellant.

Learned counsel for the appellant submits that this appeal when instituted had certain arguable issues and during pendency the Apex Court as well as this Court have given judgments, 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 to press the same and is giving consent for dismissal of appeal as not pressed.

Learned counsel for the appellant further submits that in this regard an application has already been moved by his/ her free consent and without any coercion/ pressure of any kind.

It has further been argued that whole decreetal amount as awarded if not already paid shall be paid within two months from today.

Accordingly, in view of the statement made by the learned counsel for the appellant, the present appeal is dismissed as withdrawn. The amount deposited at the time of filing of appeal, if not already remitted to the court below, be remitted forthwith and may be allowed to be withdrawn by claimant/ respondent and be adjusted to the amount payable due without any further delay.

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

The withdrawal application filed on behalf of the appellant shall form part of this order.

(Shamim Ahmed, J.)

(Ram Sumer Chaudhary, Member)

Order Date :- 14.5.2022

Mustaqeem.