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ALLAHABAD HIGH COURT
THE NEW INDIA ASSURANCE COMPANY LTD – Appellant
Versus
SMT. TAHIRA BANO AND OTHERS – Respondent
FAFO 2850/2009



Before National Lok Adalat,

High Court of Judicature at Allahabad

Case :- FIRST APPEAL FROM ORDER No. - 2850 of 2009

Appellant :- The New India Assurance Company Ltd.

Respondent :- Smt. Tahira Bano And Others

Counsel for Appellant :- Vinay Khare

Counsel for Respondent :- S.D. Ojha

Hon'ble Shamim Ahmed,J.

List has been revised.

Heard Ms. Aarushi Khare, learned counsel for the appellant.

Learned counsel for the appellant submits that this appeal when instituted had

certain arguable issues and during pendency the Apex Court as well as this Court

have given judgments, 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 to press the same and is giving consent

for dismissal of appeal as not pressed.

Learned counsel for the appellant further submits that in this regard an

application has already been moved by his/ her free consent and without any

coercion/ pressure of any kind.

It has further been argued that whole decreetal amount as awarded if not already

paid shall be paid within two months from today.

Accordingly, in view of the statement made by the learned counsel for the

appellant, the present appeal is dismissed as withdrawn. The amount deposited

at the time of filing of appeal, if not already remitted to the court below, be

remitted forthwith and may be allowed to be withdrawn by claimant/ respondent

and be adjusted to the amount payable due without any further delay.

This withdrawal shall not affect any right to contest in any other cross appeal

arising out of the same issue.

The withdrawal application filed on behalf of the appellant shall form part of

this order.

(Shamim Ahmed, J.)

(Ram Sumer Chaudhary, Member)

Order Date :- 14.5.2022

Arvind

Digitally signed by ARVIND KUMAR

SRIVASTAVA

Date: 2022.05.14 16:19:41 IST

Reason:

Location: High Court of Judicature at

Allahabad

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