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2022 Supreme(Online)(All) 22709

ALLAHABAD HIGH COURT
THE DEPUTY MANAGER THIRD PARY HUB ORIENTAL INSURNACE CO – Appellant
Versus
HEERAWAN RMA AND ANOTHER – Respondent
FAFOD 1749/2012



Before National Lok Adalat,

High Court of Judicature at Allahabad

Court No. - 45

Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 1749 of

2012

Appellant :- The Deputy Manager Third Pary Hub Oriental Insurnace Co.

Respondent :- Heerawan Rma And Another

Counsel for Appellant :- Rajeev Ojha

Hon'ble Vikas Budhwar,J.

1. The authorized representative of Insurance Company identified by Sri

Akhilesh Sharan 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application requesting for dismissal of appeal as withdrawn/not pressed.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:-

"1- This appeal was instituted on certain arguable issues but during

pendency, the Apex Court as well as this Court, have given judgements

deciding the issue against appellant. No arguable issue is now surviving,

hence appellant finds no reason to press this appeal, thus give consent for

dismissal of appeal as not pressed.

2- The appellant has moved this application under his/her free will and

consent 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

by court below, be remitted forthwith and be allowed to be adjusted/paid.

5- The appeal may be dismissed as withdrawn/ not pressed.

6- This withdrawal shall not affect right to contest cross/connected appeal

arising out of same issue."

2. The withdrawal application is marked as record 'X' and taken on record.

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 In view of above, appeal stands dismissed as withdrawn/ not pressed.

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

Order Date :- 12.11.2022

Nisha

(Kshitij Shailendra, Adv.) (Vikas Budhwar, J.)

Digitally signed by NISHA KUMARI

Date: 2022.11.12 14:55:14 IST

Reason:

Location: High Court of Judicature

at Allahabad

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