Dismissed

The New India Assurance Co. Ltd. v. Smt. Birmati and Others

Allahabad HC12 Mar 2022FAFO/49/2004

Case brief

AI extract

What is this about?

The appeal by New India Assurance Co Ltd against an order dated 12.3.2004 was dismissed as withdrawn. The appellant, appearing without the opposite party, stated that all arguable issues were covered by Supreme Court and High Court judgments, leaving no reason to press the appeal, and consented to its dismissal.

What did the court decide?

The appeal is dismissed as withdrawn.

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

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Before National Lok Adalat, High Court of Judicature at Allahabad

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Case :- FIRST APPEAL FROM ORDER No. - 49 of 2004

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Appellant :- The New India Assurance Co Ltd Respondent :- Smt. Birmati And Others Counsel for Appellant :- Ashok Kumar Srivastava

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Hon'ble Shamim Ahmed,J.

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List has been revised.

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Heard Shri S. K. Mehrotra, the learned counsel for the appellant.

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No one appears on behalf of opposite parties.

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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.

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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.

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

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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.

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

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

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( Shamim Ahmed, J. )

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( Ram Sumer Chaudhary, Member )

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Order Date :- 12.3.2022 Mustaqeem.

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Digitally signed by MOHD MUSTAQEEM KHAN Date: 2022.03.15 17:22:44 IST Reason: Location: High Court of Judicature at Allahabad

The New India Assurance Co. Ltd. v. Smt. Birmati and Others

Case brief

What is this about?

What did the court decide?

The New India Assurance Co. Ltd. v. Smt. Birmati and Others

Case brief

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What did the court decide?

What the court decided

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