New India Assurance Company Ltd v. Smt. Pinki Devi and 6 Others

Court No. - 46 Case :- FIRST APPEAL FROM ORDER No. - 2471 of 2016 Appellant :- New India Assurance Company Ltd. Respondent :- Smt. Pinki Devi And 6 Others Counsel for Appellant :- Arun Kumar Shukla Counsel for Respondent :- Ram Om Vikram Singh Chauh,Shiv Om Vikram Singh Chau Hon'ble Mayank Kumar Jain,J.

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

¶2Shri Abhishek Yadav, Assistant Manager, the authorized representative of Insurance Company identified by Sri Arun Kumar Shukla, Advocate and has submitted an application requesting for dismissal of appeal as withdrawn/not pressed. The contents of application read as under:- "(i). This appeal was instituted on certain arguable issues but during the pendency, the Apex Court as well as this Court has given judgments deciding the issue against appellant nothing remained to argue in this case in the light of various judgments passed by Hon'ble Apex Court as well as High Courts. Therefore, there is no reason to pursue this appeal thus give consent for dismissal of appeal as not pressed.

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

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at the time of filing of appeal, if not already remitted by court below, be remitted forthwith and be allowed to be withdrawn by respondent.

(v). The appeal may be dismissed as withdrawn/not pressed.

(vi). This withdrawal shall not affect right to contest in case there is any Cross Appeal/ Cross Objection filed by Claimant(s) is pending, as on date, that may be listed before the Court for disposal in accordance with law."

¶3The withdrawal application is taken on record.

¶4In view of above, appeal stands dismissed as withdrawn/ not pressed.

¶5The record of Tribunal, if received, shall be remitted forthwith. Order Date :- 9.12.2023 AKT . (Shivam Yadav, Adv.) (Mayank Kumar Jain,J.) High Court of Judicature at Allahabad