The Allahabad High Court dismissed an appeal by New India Assurance Co. Ltd. as withdrawn/not pressed based on a consent application submitted by the appellant's authorized representative, pending payment of the decretal amount.
Appeal stands dismissed as withdrawn/not pressed. Decretal amount to be paid within two months.
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Neutral Citation No. - 2023:AHC:233724
Court No. - 46
Case :- FIRST APPEAL FROM ORDER No. - 1554 of 2001
Appellant :- New India Assurance Co. Ltd. Respondent :- Arvind Kumar And Others Counsel for Appellant :- Vinod Swaroop
Hon'ble Mayank Kumar Jain,J.
"(i). This appeal was instituted on certain arguable issues but during the pendency, the Apex Court as well as this Court has given judgments deciding the issue against appellant nothing remained to argue in this case in the light of various judgments passed by Hon'ble Apex Court as well as High Courts. Therefore, there is no reason to pursue this appeal thus give consent for dismissal of appeal as not pressed.
(ii). The appellant has moved this application under his/her free will and consent without any coercion/pressure of any kind.
(iii). The whole decreetal amount, as awarded, if not already paid, shall be paid within two months from today.
(iv). 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at the time of filing of appeal, if not already remitted by court below, be remitted forthwith and be allowed to be withdrawn by respondent.
(v). The appeal may be dismissed as withdrawn/not pressed.
(vi). This withdrawal shall not affect right to contest in case there is any Cross Appeal/ Cross Objection filed by Claimant(s) is pending, as on date, that may be listed before the Court for disposal in accordance with law."
Order Date :- 9.12.2023 PS
(Shivam Yadav, Adv.)(Mayank Kumar Jain,J.)
Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad
New India Assurance Co. Ltd.
Arvind Kumar And Others
Mayank Kumar Jain
As recorded by the court registry
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