The High Court of Judicature at Allahabad unanimously set aside the appeal filed by The New India Assurance Company Limited as withdrawn and not pressed.
Appeal dismissed as withdrawn. Decretal amount to be paid within two months.
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Before National Lok Adalat High Court of Judicature at Allahabad
Court No. - 46
Case :- FIRST APPEAL FROM ORDER No. - 2404 of 2006
Appellant :- The New India Assurance Company Limited Respondent :- Vijay Singh And Others Counsel for Appellant :- Satish Chaturvedi Counsel for Respondent :- Deepak Kumar
Hon'ble Nalin Kumar Srivastava,J.
The authorized representative of the Insurance Company and its counsel are present.
An application to withdraw this appeal duly signed by authorized signatory of the appellant - Insurance Company and learned counsel for the appellant, is filed requesting for dismissal of appeal as withdrawn / not pressed.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 the pendency and the subsequent judgments of Apex Court as well as of 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.
2. The appellant has moved this application by his/her free will and consent and without any coercion/pressure of any kind.
3. The whole decretal amount as awarded if not already paid shall to be paid within two months from today.
4. Amount deposited at the time of filing of appeal, if not already remitted to court below, be remitted forthwith and be allowed to be withdrawn by respondent.
5. The appeal may be dismissed as withdrawn / not pressed.
6. This withdrawal shall not affect right of the appellant to contest in any other appeal / cross appeal / cross objection arising out of same issue / incident ."
The withdrawal application is taken on record.
In view of above, appeal stands dismissed as withdrawn / not pressed.
The record of the Tribunal, if received, shall be remitted forthwith. Copy of this order be also sent to the Tribunal.
Order Date : 12.11.2022
safi
(Narendra Mohan, Advocate) (N.K. Srivastava, J.)
Digitally signed by MAHBOOB SAFI Date: 2022.11.25 11:14:42 IST Reason: Location: High Court of Judicature at Allahabad
The New India Assurance Company Limited
Vijay Singh And Others
Nalin Kumar Srivastava
As recorded by the court registry
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