Branch Manager Icici Lombard General Insurance Company Ltd v. Jagpatta and Ors

Before National Lok Adalat, High Court of Judicature at Allahabad, Lucknow Bench Case :- FIRST APPEAL FROM ORDER No. - 192 of 2016 Appellant :- Branch Manager Icici Lombard General Insurance Company Ltd. Respondent :- Jagpatta And Ors. Counsel for Appellant :- Anil Kumar Srivastava,Mahesh Kr.Yadav Counsel for Respondent :- Ajay Vikram,Anil Kumar Pandey Hon'ble Jaspreet Singh,J.

¶1The authorized representative of Insurance Company, identified by Sri Brijendra Chaudhary, Advocate is present and has submitted an application requesting for dismissal of appeal as withdrawn/not pressed.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 when instituted had certain arguable issues but during pendency and the subsequent judgments of Apex Court as well as this 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.

¶2The appellant has moved this application by his/her free consent and without any coercion/ pressure of any kind.

¶3The whole decretal amount if not already paid shall be paid within two months from today.

¶4Amount 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at the time of filing of appeal, if not already remitted to Court below, be remitted forthwith and may be allowed to be withdrawn by respondent.

¶5It is respectfully prayed that the appeal may be dismissed as withdrawn/not pressed.

¶6This withdrawal shall not affect any right to contest in any other cross appeal arising out of same issue."

¶2In view of above, appeal stands disposed of as withdrawn/not pressed.

¶3The record of Tribunal, if received, shall be remitted forthwith.

¶4Let a copy of this order be also transmitted to the learned Tribunal concerned as well as claimant. (U.C. Chaturvedi, Adv.) (Jaspreet Singh, J.) Order Date :- 9.12.2023 Rakesh/- High Court of Judicature at Allahabad, Lucknow Bench