The First Appeal filed by National Insurance Co. Ltd. challenging a Tribunal award was dismissed as withdrawn/not pressed. An interim order was vacated, and the appellant was directed to pay any outstanding awarded amount.
Appeal dismissed as withdrawn. Interim order vacated. Payment of awarded amount directed within two months.
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Neutral Citation No. - 2023:AHC:233544
Before National Lok Adalat, High Court of Judicature at Allahabad
Court No. - 45
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 230 of 2023 Appellant :- National Insurance Co. Ltd. Respondent :- Niharika Yadav And 4 Others Counsel for Appellant :- Sudhanshu Behari Lal Gour Counsel for Respondent :- Sharad Kumar
Hon'ble Vipin Chandra Dixit,J.
The present First Appeal From Order has been filed by the appellant Insurance Company challenging the award on various grounds.
The authorized representative of Insurance Company identified by its counsel has filed an application requesting for dismissal of appeal as withdrawn/not pressed, as the issue involved in the present appeal has now been settled by Hon'ble Apex Court as well as by this Court. The withdrawal application is taken on record.
In view of above, appeal stands dismissed as withdrawn/not pressed.
The interim order, if any, shall stand vacated.
If the awarded amount has not yet been paid to the claimants, the same shall be paid within two months from today. Any amount deposited including statutory amount paid in this appeal shall be remitted to the Tribunal towards satisfaction of the award or to be returned to the appellant, if the award has already been satisfied.
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 record of Tribunal, if received, shall be remitted to the Tribunal forthwith.
Let copy of this order be also transmitted to the concerned Tribunal as well as claimants.
Order Date :- 9.12.2023 sailesh
(R.S. Chaudhary, Advocate) (Justice V.C. Dixit)
Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad
National Insurance Co. Ltd.
Niharika Yadav
4 Others
Vipin Chandra Dixit
As recorded by the court registry
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