Bharti Axa General Insurance Co. ... vs Smt. Krishna Devi And 3 Others
2023 Latest Caselaw 24255 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:176596
 
Before National Lok Adalat
 
High Court of Judicature at Allahabad
 
Court No. - 47
 

 
Case :- FIRST APPEAL FROM ORDER No. - 2781 of 2013
 

 
Appellant :- Bharti Axa General Insurance Co. Ltd.
 
Respondent :- Smt. Krishna Devi And 3 Others
 
Counsel for Appellant :- Rahul Sahai
 
Counsel for Respondent :- Ram Singh
 

 
Hon'ble Kshitij Shailendra,J. 

1. Shri Apnil Sachan, Legal Manager, the authorized representative of Insurance Company identified by Sri Aditya Singh Parihar, Advocate, is present and has submitted an application requesting for dismissal of appeal as withdrawn/not pressed.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 of this Hon'ble 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 decreetal amount as awarded 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at the time of filing of appeal, if not already remitted to court below, be remitted forthwith and may be allowed to be withdrawn by respondent.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 It is respectfully prayed that the appeal may be dismissed as withdrawn/not pressed.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 the right of the appellant to contest in any other appeal/ cross appeal/ cross objection arising out of same issue/accident."

2. The withdrawal application is marked by letter 'X' and is taken on record.

3. Learned counsel for the respondent has no objection to the prayer so made.

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 In view of above, appeal stands dismissed as withdrawn/ not pressed.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 :- 9.9.2023

AKShukla/-

(Sumit Daga, Adv.) (Kshitij Shailendra, J.)