The New India Assurance Co. Ltd. Vs Smt. Nirmala and 2 Others — Allahabad HC (2022) — LawSathi Research

The New India Assurance Co. Ltd. Vs Smt. Nirmala and 2 Others — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal dismissed as withdrawn on the appellant's consent; the amount deposited at the time of filing, if not already remitted, to be remitted forthwith to the court below and allowed to be withdrawn by the claimant/respondent and adjusted to the amount payable due; counsel for the appellant recorded that the whole decreetal amount as awarded, if not already paid, shall be paid within two months from today; withdrawal not to affect any right to contest in any other cross appeal arising out of the same issue.

Issue for consideration

Whether the appeal, its arguable issues having been covered by subsequent judgments of the Apex Court and this Court decided against the appellant, should be withdrawn / dismissed as not pressed on the appellant's consent.

Court's answer

In view of the statement made by the learned counsel for the appellant (consenting to dismissal as not pressed), the present appeal is dismissed as withdrawn.

Ratio / Principle

The amount deposited at the time of filing of the appeal, if not already remitted to the court below, is to be remitted forthwith.

Key takeaways

The remitted deposited amount may be withdrawn by the claimant/respondent and is to be adjusted to the amount payable due without any further delay.ratio¶10
The withdrawal shall not affect any right to contest in any other cross appeal arising out of the same issue.ratio¶11
The withdrawal application filed on behalf of the appellant shall form part of this order.ratio

Detailed headnote1 paragraphs

National Lok Adalat, High Court of Judicature at Allahabad (Hon'ble Shamim Ahmed, J., with Ram Sumer Chaudhary, Member); First Appeal From Order No. 2355 of 2013 - The New India Assurance Co. Ltd. v. Smt. Nirmala and 2 others. Counsel for the appellant-insurer submitted that the arguable issues in the appeal had been covered during pendency by judgments of the Apex Court and of this Court decided against the appellant, that no arguable issue survived, and consented to dismissal of the appeal as not pressed, stating further that the whole decreetal amount as awarded, if not already paid, would be paid within two months. The Lok Adalat dismissed the appeal as withdrawn, directed that the amount deposited at the time of filing be remitted forthwith to the court below, be withdrawable by the claimant/respondent and adjusted to the amount payable due without further delay, and recorded that the withdrawal would not affect any right to contest in any other cross appeal arising out of the same issue; the withdrawal application forms part of the order. Order dated 12.3.2022.

Before National Lok Adalat, High Court of Judicature at Allahabad

Case :- FIRST APPEAL FROM ORDER No. - 2355 of 2013 Appellant :- The New India Assurance Co. Ltd. Respondent :- Smt. Nirmala And 2 Others Counsel for Appellant :- Ajay Singh Counsel for Respondent :- S.K. Tripathi

Hon'ble Shamim Ahmed,J.

List has been revised.

Heard Shri Ajay Singh, the learned counsel for the appellant.

No one appears on behalf of opposite parties.

Learned counsel for the appellant submits that this appeal when instituted had certain arguable issues and during pendency the Apex Court as well as this Court have given judgments, 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 to press the same and is giving consent for dismissal of appeal as not pressed.

Learned counsel for the appellant further submits that in this regard an application has already been moved by his/ her free consent and without any coercion/ pressure of any kind.

It has further been argued that whole decreetal amount as awarded if not already paid shall be paid within two months from today.

Accordingly, in view of the statement made by the learned counsel for the appellant, the present appeal is dismissed as withdrawn. The amount deposited at the time of filing of appeal, if not already remitted to the court below, be remitted forthwith and may be allowed to be withdrawn by claimant/ respondent and be adjusted to the amount payable due without any further delay.

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

The withdrawal application filed on behalf of the appellant shall form part of this order.

( Shamim Ahmed, J. )

( Ram Sumer Chaudhary, Member )

Order Date :- 12.3.2022/Arvind

Digitally signed by ARVIND KUMAR SRIVASTAVA Date: 2022.03.16 09:45:13 IST Reason: Location: High Court of Judicature at Allahabad