The National Lok Adalat Allahabad dismissed an insurance appeal as withdrawn/not pressed, noting the appellant had consented and committed to paying the decretal amount.
Appeal dismissed as withdrawn/not pressed; order to remitate Tribunal record transmitted.
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Before National Lok Adalat High Court of Judicature at Allahabad
Court No. - 46
Case :- FIRST APPEAL FROM ORDER No. - 3353 of 2006
Appellant :- National Insurance Co. Ltd. Respondent :- Smt. Chandrawati And Others Counsel for Appellant :- A.C. Nigam Counsel for Respondent :- Rajiv Kumar Saini
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the appellant - Insurance Company and learned counsel for the appellant, is filed requesting for dismissal of appeal as withdrawn / not pressed.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 was instituted on certain arguable issues but during the pendency, the Apex Court as well as this Court, have given judgments deciding the issue against the 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 and 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at the time of filing of appeal, if not already remitted by court below, be remitted forthwith and be allowed to be withdrawn by respondent.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 The appeal may be dismissed as withdrawn / not pressed.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 to contest cross appeal arising out of same issue ."
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In view of above, appeal stands dismissed as withdrawn / not pressed.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
ss
(Narendra Mohan, Advocate) (N.K. Srivastava, J.)
Digitally signed by SANDEEP SHARMA Date: 2022.11.25 17:17:59 IST Reason: Location: High Court of Judicature at Allahabad
National Insurance Co. Ltd.
Smt. Chandrawati And Others
Nalin Kumar Srivastava
Narendra Mohan
As recorded by the court registry
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