The New India Assurance Co. Ltd. Vs Mahesh Kumar Mishra and Others — Allahabad HC (2023) — LawSathi Research

The New India Assurance Co. Ltd. Vs Mahesh Kumar Mishra and Others — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

No relief to the appellant: appeal dismissed as withdrawn/not pressed on its own consent application. Consent terms forming part of the disposal: whole decreetal amount, if not already paid, to be paid within two months; amount deposited at the time of filing of the appeal to be remitted forthwith and allowed to be withdrawn by the respondent; withdrawal without prejudice to the right to contest any pending Cross Appeal/Cross Objection by Claimant(s); record of the Tribunal, if received, to be remitted forthwith.

Issue for consideration

Whether the appeal should be dismissed as withdrawn/not pressed on the appellant's consent application, the matter having been listed before the National Lok Adalat.

Court's answer

The withdrawal application submitted on behalf of the appellant was taken on record.

Ratio / Principle

In view of the consent application, the appeal stands dismissed as withdrawn/not pressed.

Key takeaways

The dismissal was founded on the appellant's free-will consent application, whose terms included payment of the whole decreetal amount, as awarded, within two months if not already paid, and remittance of the amount deposited at the time of filing of the appeal for withdrawal by the respondent.ratio¶¶10
The record of the Tribunal, if received, shall be remitted forthwith.ratio¶¶16

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 46), First Appeal From Order No. 218 of 2003 — The New India Assurance Co. Ltd. v. Mahesh Kumar Mishra & Others (Mayank Kumar Jain, J.; order dated 9.12.2023; Neutral Citation 2023:AHC:233654). Listed before the National Lok Adalat, the appellant-insurer, through its authorized representative (Shri Abhishek Yadav, Assistant Manager, identified by Sri Brijesh Chandra Naik, Advocate), filed a free-will and consent application stating that although the appeal was instituted on arguable issues, judgments of the Apex Court and various High Courts had meanwhile decided the issue against the appellant, leaving nothing to argue. The Court took the application on record and dismissed the appeal as withdrawn/not pressed. Terms recorded: the whole decreetal amount, as awarded, if not already paid, to be paid within two months; the amount deposited at the time of filing of the appeal, if not already remitted by the court below, to be remitted forthwith and allowed to be withdrawn by the respondent; the withdrawal not to affect the right to contest any pending Cross Appeal/Cross Objection by the Claimant(s); and the record of the Tribunal, if received, to be remitted forthwith.

Neutral Citation No. - 2023:AHC:233654

Court No. - 46

Case :- FIRST APPEAL FROM ORDER No. - 218 of 2003

Appellant :- The New India Assurance Co. Ltd. Respondent :- Mahesh Kumar Mishra And Others Counsel for Appellant :- Satish Chaturvedi,Brijesh Chandra Naik,Mohan Srivastava

Hon'ble Mayank Kumar Jain,J.

The matter is listed before the National Lok Adalat.

Shri Abhishek Yadav, Assistant Manager, the authorized representative of Insurance Company identified by Sri Brijesh Chandra Naik, Advocate and has submitted an application requesting for dismissal of appeal as withdrawn/not pressed. The contents of application read as under:-

"(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."

The withdrawal application is taken on record.

In view of above, appeal stands dismissed as withdrawn/ not pressed.

The record of Tribunal, if received, shall be remitted forthwith. Order Date :- 9.12.2023 AKT

(Shivam Yadav, Adv.) (Mayank Kumar Jain,J.)

Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad