Bharti Axa General Insurance Co. ... vs Smt. Pooja Sharma And 5 Ors.
2023 Latest Caselaw 24480 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:176544
 
Before National Lok Adalat
 
High Court of Judicature at Allahabad
 
Court No. - 47
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1486 of 2014
 

 
Appellant :- Bharti Axa General Insurance Co. Ltd.
 
Respondent :- Smt. Pooja Sharma And 5 Ors.
 
Counsel for Appellant :- Rahul Sahai
 
Counsel for Respondent :- A.T. Pandey,Anil Kumar Srivastava,Shyam Babu Vaish
 

 
Hon'ble Kshitij Shailendra,J.

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

2. Shri Apnil Sachan, Legal Manager, the authorized representative of Insurance Company identified by Shri Aditya Singh Parihar, Advocate, is present and has submitted an application requesting for dismissal of appeal as withdrawn/not pressed.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 decretal amount as awarded if not already paid shall to be paid.

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at the time of filing of appeal, if not already remitted to court below, be remitted forthwith and may be allowed to be withdrawn by respondent.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 It is respectfully prayed that the appeal may be dismissed as withdrawn/not pressed,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."

3. The withdrawal application is taken on record.

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

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 In view of above, appeal stands dismissed as withdrawn/ not pressed.

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

Order Date :- 9.9.2023

Sazia

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