United India Insurance Company Ltd. through Its Dy. Manager Vs Ram Prasad and Another — Allahabad HC (2024) — LawSathi Research

United India Insurance Company Ltd. through Its Dy. Manager Vs Ram Prasad and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of as withdrawn/not pressed at the request of the appellant; consent terms made part of the order — whole decretal amount, if not already paid, to be paid within two months; amount deposited at filing, if not already remitted, to be remitted to the court below and allowed to be withdrawn by the respondent; withdrawal not to affect the right to contest any other cross appeal arising out of the same issue.

Ratio / Principle

On the application of the appellant's authorized representative, the First Appeal From Order is disposed of as withdrawn/not pressed, the duly signed consent form being treated as part of the order.

Key takeaways

The terms of the appellant's consent application are made part of the order: the whole decretal amount, if not already paid, is to be paid within two months; the amount deposited at the time of filing, if not already remitted, is to be remitted to the court below and allowed to be withdrawn by the respondent; and the withdrawal is not to affect the right to contest any other cross appeal arising out of the same issue.ratio¶¶6
The record of the Tribunal, if received, is to be remitted forthwith.ratio¶¶14
A copy of the order is to be transmitted to the learned Tribunal as well as to the claimant.ratio

Detailed headnote1 paragraphs

By consent, United India Insurance Company Ltd.'s First Appeal From Order No. 75 of 2013 (respondents Ram Prasad and another) was disposed of as withdrawn/not pressed before the National Lok Adalat, High Court of Judicature at Allahabad, Lucknow Bench (Saurabh Lavania, J., with Ganga Singh, Member Adv.). The appellant's authorized representative stated that issues arguable when the appeal was instituted had since been covered by subsequent judgments of the Apex Court and of this Court deciding against the appellant. Consent terms made part of the order: the whole decretal amount, if unpaid, to be paid within two months; the deposit made at filing, if not already remitted, to be remitted to the court below and withdrawable by the respondent; withdrawal not to affect any other cross appeal on the same issue. Tribunal record to be remitted forthwith; copy of order to the learned Tribunal and the claimant. Order dated 14.12.2024; Neutral Citation No. 2024:AHC-LKO:83872.

Neutral Citation No. - 2024:AHC-LKO:83872

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

Case :- FIRST APPEAL FROM ORDER No. - 75 of 2013

Appellant :- United India Insurance Company Ltd. Through Its Dy. Manager Respondent :- Ram Prasad And Another Counsel for Appellant :- Tarun Kumar Misra Counsel for Respondent :- Satyendra Srivastava

Hon'ble Saurabh Lavania,J.

The authorized representative of United India 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.

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

Order Date :- 14.12.2024 (Manoj K.)

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