The New India Assurance Company ... vs M/S U Like Tailors Kanpur And ...
2023 Latest Caselaw 6651 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- FIRST APPEAL FROM ORDER No. - 2155 of 2022
 

 
Appellant :- The New India Assurance Company Ltd.
 
Respondent :- M/S U Like Tailors Kanpur And Others
 
Counsel for Appellant :- ,Rahul Sahai
 
Counsel for Respondent :- Manish Tandon,Mohd. Naushad Siddiqui
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

1. This appeal at the behest of New India Assurance Co. Ltd. challenges the judgment and order dated 14.1.2008 passed by the District Judge, Kanpur Nagar in Arbitration Misc. Case No. 68/70 of 2004 whereby the application/objection of the appellant u/s 34 of the Arbitration & Conciliation Act, 1996 against the award dated 19.2.2004 passed by the sole Arbitrator has been rejected/dismissed.

2. Sri Abhishek Yadav, Assistant Manager, New India Assurance Co. Ltd., Sri Aditya Singh Parihar appearing for Sri Rahul Sahai, learned counsel for the appellant, private respondent and Mohd. Naushad Siddiqui, learned counsel for the respondent are present. They have consented to the matter being settled.

3. The parties namely appellant & respondent-claimant have agreed upon settlement of this appeal on the following terms and conditions:

"i. Out of the Amount that is kept in FDR in terms of the interim order dated 30.4.2008 passed by this Hon'ble Court in the present appeal, the claimant shall be entitled to get a sum of Rs.2,05,000/- (Rs. Two Lakh & Five Thousand only) in full and final satisfaction of his claim and the balance amount shall be refunded to the appellant/Insurance Co."

4. Parties to act as per the above compromise. The judgment and decree impugned in this appeal shall stand modified to the aforesaid extent.

5. This appeal is disposed of in view of the settlement by and between the parties.

Order Date :- 1.3.2023

DKS