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appellant, the present appeal is dismissed as withdrawn.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remitted forthwith and may be allowed to be withdrawn by claimant/ respondent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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