Cholamandalam Ms. General Insurance Comp. Thru. Asst.Manager Vs Jai Kishan and Ors. — Allahabad HC (2024) — LawSathi Research

Cholamandalam Ms. General Insurance Comp. Thru. Asst.Manager Vs Jai Kishan and Ors. — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of as withdrawn/not pressed at the instance of the appellant-insurance company; the signed consent form treated as part of the order, incorporating the terms that (i) the whole decretal amount as awarded, if not already paid, shall be paid within two months, (ii) the amount deposited at filing be remitted to the Court below and allowed to be withdrawn by the respondent, and (iii) the withdrawal shall not affect any right to contest any other cross appeal arising out of the same issue; Tribunal record to be remitted forthwith; copy of order to be transmitted to the learned Tribunal and the claimant.

Issue for consideration

Whether the appeal filed by the appellant (Cholamandalam Ms. General Insurance Comp.) should be dismissed as withdrawn/not pressed on its consent application.

Court's answer

The appeal stands disposed of as withdrawn/not pressed, on the appellant's consent application.

Ratio / Principle

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

Key takeaways

As per the consent terms made part of the order, the whole decretal amount as awarded, if not already paid, shall be paid within two months.ratio¶¶8
As per the consent terms, the amount deposited at the time of filing of the appeal, if not already remitted to the Court below, is to be remitted forthwith and may be withdrawn by the respondent.ratio¶¶9
The withdrawal shall not affect any right of the appellant to contest in any other cross appeal arising out of the same issue.

Detailed headnote1 paragraphs

National Lok Adalat, High Court of Judicature at Allahabad, Lucknow Bench (Saurabh Lavania, J. with R.K.S. Chauhan, Member Adv) — First Appeal From Order No. 572 of 2016, Cholamandalam Ms. General Insurance Comp. Thru. Asst. Manager v. Jai Kishan and Ors., decided 13.7.2024 (Neutral Citation 2024:AHC-LKO:47614). The appellant's authorized representative, identified by its counsel, filed an application with a duly signed consent form stating that the arguable issues in the appeal had been covered during pendency by subsequent judgments of the Apex Court and of the High Court against the appellant, and consenting to dismissal of the appeal as withdrawn/not pressed, with an undertaking to pay the whole decretal amount as awarded, if not already paid, within two months, and seeking remittance of the amount deposited at the time of filing to the Court below for withdrawal by the respondent; the withdrawal was stated not to affect any right to contest any other cross appeal arising out of the same issue. The Lok Adalat treated the consent form as part of the order and disposed of the appeal as withdrawn/not pressed, directed that the record of the Tribunal, if received, be remitted forthwith, and ordered transmission of a copy of the order to the learned Tribunal and the claimant.

Neutral Citation No. - 2024:AHC-LKO:47614

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

Case :- FIRST APPEAL FROM ORDER No. - 572 of 2016 Appellant :- Cholamandalam Ms. General Insurance Comp. Thru. Asst.Manager Respondent :- Jai Kishan And Ors. Counsel for Appellant :- Tarun Kumar Misra Counsel for Respondent :- Suyesh Pradhan,Dinesh Kumar,Rajendra Jaiswal,Satyajit Banerji

Hon'ble Saurabh Lavania,J.

The authorized representative of Chola Mandalam General Insurance Company Ltd., identified by Sri Tarun Kumar Misra, 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 withdrawn by respondent.

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.

(R.K.S. Chauhan, Member Adv) (Saurabh Lavania, J.) Order Date :- 13.7.2024/Mohit Singh/-

Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench