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2025 DAILYLAW 117451 (ALL)

THE ORIENTAL INSURANCE COMP. LTD. THROUGH THE MANAGER v. DAYA RAM AND ORS. .

FAFO/348/2010 · 2025-03-08

Ajai Kumar Srivastava I

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14736 Before National Lok Adalat, High Court of Judicature at Allahabad, Lucknow Bench Case :- FIRST APPEAL FROM ORDER No. - 348 of 2010 Appellant :- The Oriental Insurance Comp. Ltd. Through The Manager Respondent :- Daya Ram And Ors. . Counsel for Appellant :- U.P.S.Kushwaha,Atul Mishra Counsel for Respondent :- B.L. Mishra,Himanshu K. Srivastava Hon'ble Ajai Kumar Srivastava-I,J. 1. The authorized representative of Insurance Company, identified by Sri Atul Mishra, Advocate is present and has submitted an application requesting for dismissal of appeal as withdrawn/not pressed.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 when instituted had certain arguable issues but during pendency and the subsequent judgments of Apex Court as well as of 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 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at the time of filing of appeal, if not already remitted to Court below, be remitted forthwith and may be allowed to be withdrawn by the respondent. 5. It is respectfully prayed that the appeal may be dismissed as withdrawn/not pressed. 6.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 In view of above, appeal stands disposed of as withdrawn/not pressed. 3. The record of Tribunal, if received, shall be remitted forthwith. 4. Let a copy of this order be also transmitted to the learned Tribunal as well as claimant. (Kirti Srivastava, Adv.) (Ajai Kumar Srivastava-I, J.) Order Date :- 8.3.2025/Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench