Citation : 2025 Latest Caselaw 5926 ALL
Judgement Date : 8 March, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:34252 Before National Lok Adalat High Court of Judicature at Allahabad Court No. - 46 Case :- FIRST APPEAL FROM ORDER No. - 387 of 2013 Appellant :- The New India Assurance Co. Ltd. Respondent :- Smt. Devmati And Another Counsel for Appellant :- Arvind Kumar Counsel for Respondent :- Amit Kumar Sinha 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 12.12.2012 passed by Commissioner under the E.C. Act, 1923 and Deputy Labour Commissioner, Allahabad Region, Allahabad in W.CA. Case No.67 of 2011 (Smt. Devmati Vs. Sri Kusum Chandra Singh & another).
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by Shri Sachin Mishra, Advocate, is present and has submitted an application requesting for dismissal of appeal as withdrawn/not pressed.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at the time of filing of appeal, if not already remitted to court below, be remitted forthwith and may be allowed to be withdrawn by respondent.
(v) It is respectfully prayed that the appeal may be dismissed as withdrawn/ not pressed.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 In view of above, appeal stands dismissed as withdrawn/ not pressed in terms of contents of the application, quoted above. Consequences shall follow.
Order Date :- 8.3.2025
Anurag/-
(Ashish Mishra, Adv.) (Kshitij Shailendra, J.)
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