New India Assurance Co. Ltd. vs Arvind Kumar And Others
2023 Latest Caselaw 34433 ALL

Allahabad High Court

New India Assurance Co. Ltd. vs Arvind Kumar And Others on 9 December, 2023

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:233724
 
Court No. - 46
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1554 of 2001
 

 
Appellant :- New India Assurance Co. Ltd.
 
Respondent :- Arvind Kumar And Others
 
Counsel for Appellant :- Vinod Swaroop
 

 
Hon'ble Mayank Kumar Jain,J.
 

1. The matter is listed before the National Lok Adalat.

2. Shri Abhishek Yadav, Assistant Manager, the authorized representative of Insurance Company identified by Sri Arun Kumar Shukla, Adv(A.O.R. No. A/A-1098/2012) and has submitted an application requesting for dismissal of appeal as withdrawn/not pressed. The contents of application read as under:-

"(i). This appeal was instituted on certain arguable issues but during the pendency, the Apex Court as well as this Court has given judgments deciding the issue against appellant nothing remained to argue in this case in the light of various judgments passed by Hon'ble Apex Court as well as High Courts. Therefore, there is no reason to pursue this appeal thus give consent for dismissal of appeal as not pressed.

(ii). The appellant has moved this application under his/her free will and consent without any coercion/pressure of any kind.

(iii). The whole decreetal amount, as awarded, if not already paid, shall be paid within two months from today.

(iv). Amount deposited at the time of filing of appeal, if not already remitted by court below, be remitted forthwith and be allowed to be withdrawn by respondent.

(v). The appeal may be dismissed as withdrawn/not pressed.

(vi). This withdrawal shall not affect right to contest in case there is any Cross Appeal/ Cross Objection filed by Claimant(s) is pending, as on date, that may be listed before the Court for disposal in accordance with law."

3. The withdrawal application is taken on record.

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 In view of above, appeal stands dismissed as withdrawn/ not pressed.

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

Order Date :- 9.12.2023

PS

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(Shivam Yadav, Adv.)(Mayank Kumar Jain,J.)