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2025 DAILYLAW 140062 (ALL)

NEW INDIA ASSURANCE CO.LTD.HAZRATGANJ LKO. THRU. LAW OFFICER v. RAKESH KUMAR and ORS.

FAFO/138/2021 · 2025-09-13

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW FIRST APPEAL FROM ORDER No. - 138 of 2021 National Lok Adalat HON'BLE SUBHASH VIDYARTHI, J. 1. The authorized representative of Insurance Company, identified by Shri Zafar Aziz, Advocate is present and has submitted an application requesting for dismissal of appeal as withdrawn/not pressed.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 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at the time of filing of appeal, if not already remitted to Court below, be remitted forthwith and may be allowed to be withdrawn by respondent. 5. It is respectfully prayed that the appeal may be dismissed as withdrawn/not pressed. 6.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 In view of above, appeal stands disposed of as withdrawn/not Versus Counsel for Appellant(s) : Zafar Aziz, Israa Rais Counsel for Respondent(s) : Rajesh Trivedi, Manish Mani Sharma, Rajesh Trivedi New India Assurance Co.Ltd.Hazratganj Lko. Thru. Law Officer .....Appellant(s) Rakesh Kumar And Ors. .....Respondent(s) pressed. 3. The record of Tribunal, if received, shall be remitted forthwith. 4. Let copy of this order be also transmitted to the learned Tribunal as well as claimant. September 13, 2025 J. K. Dinkar FAFO No. 138 of 2021 2 (R. K. S. Chauhan, Member) (Subhash Vidyarthi, J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench