New India Assurance Co. Ltd. vs Smt. Sukhbiri And 5 Others
2025 Latest Caselaw 5911 ALL

Allahabad High Court

New India Assurance Co. Ltd. vs Smt. Sukhbiri And 5 Others on 8 March, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:34137
 
Before National Lok Adalat
 
High Court of Judicature at Allahabad
 
Court No. - 46 
 
Case :- FIRST APPEAL FROM ORDER No. - 2117 of 2013
 

 
Appellant :- New India Assurance Co. Ltd.
 
Respondent :- Smt. Sukhbiri And 5 Others
 
Counsel for Appellant :- Amaresh Sinha
 
Counsel for Respondent :- Sanjay Kr. Maurya
 

 
Hon'ble Kshitij Shailendra,J.
 

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

2. The present appeal has been preferred by the appellant(s) against the judgement and order dated 23.05.2013 passed by Employees Compensation Commissioner, Hapur in W.C. Case No.01 of 2012 (Smt. Sukhbiri & others Vs. Balkishan & others).

3. Shri Abhishek Yadav, Assistant Manager, the authorized representative of New India Assurance Co. Ltd. identified by Shri Anubhav Sinha, Advocate, is present and has submitted an application requesting for dismissal of appeal as withdrawn/not pressed. The contents of application read as under:-

"(i) This appeal when instituted had certain arguable issues but during pendency, the subsequent judgment 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.

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

(iii) The whole decretal 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at the time of filing of appeal, if not already remitted to court below, be remitted forthwith and may be allowed to be withdrawn by respondent.

(v) It is respectfully prayed that the appeal may be dismissed as withdrawn/ not pressed.

(vi) This withdrawal shall not affect the right of the appellant to contest in any other appeal/cross appeal/cross objection arising out of the same issue/accident."

4. The withdrawal application is taken on record and is allowed.

5. In view of above, appeal stands dismissed as withdrawn/ not pressed in terms of contents of the application, quoted above. Consequences shall follow.

Order Date :- 8.3.2025

Anurag/-

(Ashish Mishra, Adv.) (Kshitij Shailendra, J.)