Court No. - 42
Case :- FIRST APPEAL FROM ORDER No. - 1023 of 2018 Appellant :- U.P.S.R.T.C. Thru. Area Manager Respondent :- Km. Aradhna And Anr.
Counsel for Appellant :- Anirudh Kumar Mishra
Hon'ble Dinesh Kumar Singh-I,J.
Sri Sunil Kumar, learned counsel for the appellant is present. None present from the side of the respondent.
This appeal has been filed by the U.P.S.R.T.C. against the judgment dated 31.10.2013 and decree dated 7.11.2013 followed by the order dated 1.9.2014 in Review Application passed by the Court of Additional District judge/Motor Accident Claims Tribunal, Court No. 3, Gorakhpur in Motor Accident Claim Case No. 07 of 2010.
Learned counsel for the appellant has moved withdrawal application dated 8.9.2018 stating as follows:-
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 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 has already been paid.
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at the time of filing of Appeal, if not already remitted to court below, be remitted forthwith and may be allowed to be withdrawn by respondent.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 It is respectfully prayed that the Appeal may be dismissed as withdrawn/not pressed.
Accordingly, this Appeal stands dismissed as withdrawn. Let this appeal be consigned to record.
Order Date :- 8.9.2018 A.P. Pandey