Allahabad High Court
ICICI LOMBARD GENERAL INSURANCE CO. LTD.versusSMT. MRIDULA AGARWAL AND OTHERS
- Decided
Holding
The appeal is dismissed as withdrawn, as the withdrawal application is allowed.
Summary
The appellant, Icici Lombard General Insurance Co. Ltd., filed an application supported by an affidavit seeking to withdraw its appeal against the order dated 2011. Counsel for the appellant, Rahul Sahai, argued that the withdrawal should be permitted and the appeal dismissed as withdrawn. The court considered the procedural propriety of allowing a party to withdraw an appeal after filing. Finding no legal impediment, the court allowed the withdrawal application. Consequently, the appeal was dismissed as withdrawn. The order was passed in the presence of counsel for the respondents.
Issues considered
- Whether an appeal pending before the High Court can be withdrawn by the appellant upon filing an application supported by an affidavit.
Subjects
- withdrawal of appeal
- procedural law
- civil procedure
- High Court
- appeal dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
FIRST APPEAL FROM ORDER No. - 2826 of 2011
Icici Lombard General Insurance Co. Ltd.
.....Appellant(s)
Versus
Smt. Mridula Agarwal And Others
.....Respondent(s)
Counsel for Appellant(s) : Rahul Sahai
Counsel for Respondent(s) : Komal Mehrotra, Madan Mohan
Court No. - 54
HON'BLE ANIL KUMAR-X, J.
Order on Withdrawal Application No.2 of 2024
1. An application supported by an affidavit has been filed for withdrawal
of the appeal.
2. Shri Aditya Singh Parihar holding brief of Shri Rahul Sahai, learned
counsel for the appellant also states that the withdrawal application be
allowed and the appeal be dismissed as withdrawn.
3. Accordingly, the withdrawal application is allowed.
Order on Appeal
4. Consequently, since the withdrawal application has been allowed, the
present appeal is dismissed as withdrawn.
5. This order has been passed in presence of Shri Achintya Kumar
holding brief of Shri Komal Mehrotra, learned counsel for the
respondents.
(Anil Kumar-X,J.)
September 14, 2026
SK
Digitally signed by :-
SUSHEEL KUMAR
High Court of Judicature at Allahabad
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