Disposed

The Oriental Insurance Co. Ltd. Bahraich Thru. Br. Manager v. Umesh Kumar Sharma and 3 Others

Allahabad HC9 Mar 2024FAFO/573/2017

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What is this about?

An insurance company's first appeal was disposed of as withdrawn/not pressed because the appellant consented to dismissal after Supreme Court and High Court judgments resolved the issues against them, agreeing to pay the decretal amount.

What did the court decide?

Appeal dismissed as withdrawn/not pressed; appellant to remit decretal amount and appeal deposit.

The Oriental Insurance Co. Ltd. Bahraich… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:24883

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

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Case :- FIRST APPEAL FROM ORDER No. - 573 of 2017

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Appellant :- The Oriental Insurance Co. Ltd. Bahraich Thru. Br. Manager Respondent :- Umesh Kumar Sharma And 3 Others Counsel for Appellant :- Asit Srivastava Counsel for Respondent :- Rajendra Jaiswal,Ashok Kumar Dubey,Hari Om Vishwakarma

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Hon'ble Ajai Kumar Srivastava-I,J.

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The authorized representative of Insurance Company, identified by Sri Asit Srivastava, Advocate is present and has submitted an application requesting for dismissal of appeal as withdrawn/not pressed. The contents of application read as under:

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"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.

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2. The appellant has moved this application by his/her free consent and without any coercion/ pressure of any kind.

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3. The whole decretal amount if not already paid shall be paid within two months from today.

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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 the respondent.

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 It is respectfully prayed that the appeal may be dismissed as withdrawn/not pressed.

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

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

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

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

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(Kirti Srivastava, Adv.) (Ajai Kumar Srivastava-I,J)

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Order Date :- 9.3.2024/A.Dewal

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Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench

The Oriental Insurance Co. Ltd. Bahraich Thru. Br. Manager v. Umesh Kumar Sharma and 3 Others

Case brief

What is this about?

What did the court decide?

The Oriental Insurance Co. Ltd. Bahraich Thru. Br. Manager v. Umesh Kumar Sharma and 3 Others

Case brief

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What did the court decide?

What the court decided

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