Assistant Regional Manager U.P.S.R.T.C Sitapur Depot Hardoi Vs Mahesh and Ors. — Allahabad HC (2024) — LawSathi Research

Assistant Regional Manager U.P.S.R.T.C Sitapur Depot Hardoi Vs Mahesh and Ors. — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of as withdrawn/not pressed on the appellant's consent application; the whole decretal amount, if not already paid, to be paid within two months; the amount deposited at the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, to be remitted forthwith to the Court below and adjusted/paid; the withdrawal not to affect any right to contest in any other cross appeal arising out of the same issue; Tribunal record, if received, to be remitted forthwith and copy of the order to be transmitted to the learned Tribunal and the claimant.

Issue for consideration

Whether the first appeal should be dismissed as withdrawn/not pressed on the appellant's consent application, and on what terms.

Court's answer

The duly signed consent form submitted by the appellant is treated as part of this order.

Ratio / Principle

In view of the appellant's application, the appeal stands disposed of as withdrawn/not pressed.

Key takeaways

As a term of the disposal, the whole decretal amount as awarded, if not already paid, shall be paid within two months from today.ratio¶8
The amount deposited at the time of filing of the appeal, if not already remitted to the Court below, shall be remitted forthwith and may be allowed to be adjusted/paid.ratio¶9
The withdrawal shall not affect any right to contest in any other cross appeal arising out of the same issue.ratio

Detailed headnote1 paragraphs

National Lok Adalat, High Court of Judicature at Allahabad, Lucknow Bench (Saurabh Lavania, J., with Ganga Singh, Member): First Appeal From Order No. 305 of 2015 by the Assistant Regional Manager, U.P.S.R.T.C., Sitapur Depot, Hardoi against Mahesh and others disposed of as withdrawn/not pressed on the appellant's consent application, the duly signed consent form being treated as part of the order. The appellant stated that the arguable issues raised in the appeal stood covered against it during pendency by subsequent judgments of the Apex Court and of this Court. Terms recorded: the whole decretal 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 to the Court below, to be remitted forthwith and adjusted/paid; the withdrawal not to affect any right to contest in any other cross appeal arising out of the same issue. Record of the Tribunal, if received, to be remitted forthwith; copy of the order to be transmitted to the learned Tribunal and the claimant.

Neutral Citation No. - 2024:AHC-LKO:63780

Before National Lok Adalat, High Court of Judicature at Allahabad, Lucknow Bench

Case :- FIRST APPEAL FROM ORDER No. - 305 of 2015 Appellant :- Assistant Regional Manager U.P.S.R.T.C Sitapur Depot Hardoi Respondent :- Mahesh And Ors. Counsel for Appellant :- Prabhakar Tiwari,Ravindra Pratap Singh Counsel for Respondent :- Dileep Kumar

Hon'ble Saurabh Lavania,J.

The authorized representative of U.P.S.R.T.C. identified by Sri Prabhakar Tiwari, Advocate is present and has submitted an application requesting for dismissal of appeal as withdrawn/not pressed. Copy of duly signed consent form be treated as part of this order. The contents of application read as under:-

"1. This appeal when instituted had certain arguable issues but during pendency and the subsequent judgments of Apex Court as well as of this Court, 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 is giving consent for dismissal of appeal as not pressed.

2. The appellant has moved this application by his/her free 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 to Court below, be remitted forthwith and may be allowed to be adjusted/paid.

5. It is respectfully prayed that the appeal may be dismissed as withdrawn/not pressed.

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

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

The record of Tribunal, if received, shall be remitted forthwith.

Let copy of this order be also transmitted to the learned Tribunal as well as claimant.

(Ganga Singh, Member Adv.) (Saurabh Lavania, J.)

Order Date :- 14.9.2024/Vinay/-

Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench