Oriental Insurance Company Ltd v. Shahadat Husain and Another

Before National Lok Adalat. High Court of Judicature at Allahabad. Court No. - 44 Case :- FIRST APPEAL FROM ORDER No. - 3510 of 2006 Appellant :- Oriental Insurance Company Ltd. Respondent :- Shahadat Husain And Another Counsel for Appellant :- Anand Kumar Singh Counsel for Respondent :- Santosh Kumar Singh,Niraj Kumar Sharma,Sumit Kakkar,Ved Mani Sharma Hon'ble Dr. Yogendra Kumar Srivastava,J.

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

¶2Shri Ram Narain, Legal Manager, the authorized representative of Insurance Company identified by Shri Arun Kumar Shukla, Advocate, is present and has submitted an application requesting for dismissal of appeal as withdrawn/not pressed.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 was instituted on certain arguable issues but during pendency, the Apex Court as well as this Court, have given judgements deciding the issue against appellant. No arguable issue is now surviving, hence appellant finds no reason to press this appeal, thus give consent for dismissal of appeal as not pressed.

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

(3) The whole decretal 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 is allowed to be adjusted to the amount payable due to dismissal of this appeal.

(5) The appeal may be dismissed as withdrawn/ not pressed.

(6) This withdrawal shall not affect right to contest cross/connected appeal arising out of same issue."

¶3The withdrawal application is taken on record.

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

¶5In view of above, appeal stands dismissed as withdrawn/not pressed.

¶6The record of Tribunal, if received, shall be remitted forthwith. Order date:- 09.12.2023 Mohini (Sumit Daga, Adv.) (Dr. Y.K. Srivastava, J.) High Court of Judicature at Allahabad