The New India Assurance Co. Ltd. vs Amit Kumar Gupta And 2 Others
2025 Latest Caselaw 5920 ALL

Allahabad High Court

The New India Assurance Co. Ltd. vs Amit Kumar Gupta And 2 Others on 8 March, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:34245
 
Before National Lok Adalat
 
High Court of Judicature at Allahabad
 
Court No. - 46 
 
Case :- FIRST APPEAL FROM ORDER No. - 1587 of 2013
 

 
Appellant :- The New India Assurance Co. Ltd.
 
Respondent :- Amit Kumar Gupta And 2 Others
 
Counsel for Appellant :- Avanish Mishra
 
Counsel for Respondent :- Pramod Kumar
 

 
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 05.03.2013 passed by Motor Accident Claims Tribunal/Additional Sessions Judge, Court No.11, Ghaziabad in M.A.C.P. No.228 of 2011 (Amit Kumar Gupta Vs. Vinay Kumar & others).

3. Shri Abhishek Yadav, Assistant Manager, the authorized representative of New India Assurance Co. Ltd. identified by Shri Sachin Mishra, Advocate, is present and has submitted an application requesting for dismissal of appeal as withdrawn/not pressed.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at the time of filing of appeal, if not already remitted to court below, be remitted forthwith and may be allowed to be withdrawn by respondent.

(v) It is respectfully prayed that the appeal may be dismissed as withdrawn/ not pressed.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 In view of above, appeal stands dismissed as withdrawn/ not pressed in terms of contents of the application, quoted above.

6. In case there is any cross objection/ cross appeal arising out of the same appeal as on date, the same shall be heard independently and the withdrawal of the instant appeal would not be an obstruction in hearing of the same.

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

8. The statutory amount of Rs.25,000/- deposited before this Court, if not yet remitted to the Tribunal, shall be remitted to the Tribunal forthwith.

Order Date :- 8.3.2025

Anurag/-

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