Before Lok Adalat,
High Court of Judicature at Allahabad
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 296 of 2009 Appellant :- The New India Assurance Co Ltd Respondent :- Smt. Sunita Devi And Others Counsel for Appellant :- Saurabh Srivastava Counsel for Respondent :- M.S.Solanki Hon'ble Sudhir Agarwal,J.
1. The authorized representative of Insurance Company identified by Sri Saurabh Srivastava, Advocate, is present and has submitted an application requesting for dismissal of appeal as withdrawn/ not pressed. The contents of application reads as under:
"1. This appeal when instituted had certain arguable issues but during pendency and the subsequent judgments of Apex Court as well as 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at the time of filing of appeal, if not already remitted to Court below, be remitted forthwith and may be allowed to be withdrawn by respondent.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 It is respectfully prayed that the appeal may be dismissed as withdrawn/ not pressed.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."
2. In view of above, appeal stands dismissed as withdrawn/ not pressed.
3. The record of Tribunal, if received, shall be remitted forthwith.
Order Date :- 29.4.2019 KA
(Abida Syed,Adv.) (Sudhir Agarwal,J.)