Allahabad High Court
UNITED INDIA INSURANCE CO. LTD.versusSANJAY KUMAR AND ANOTHER
- Decided
- Bench
- PANKAJ BHATIA
Holding
The appeal is dismissed for want of prosecution.
Summary
The appellant, United India Insurance Co. Ltd., filed an appeal before the Allahabad High Court. No counsel appeared for the appellant on the revised call, and the appellant's counsel had previously submitted multiple illness slips. The respondent's counsel argued that the illness slips were merely a tactic to obtain further adjournments. The judge rejected the request for another adjournment, stating that the illness slips did not justify delay. Consequently, the appeal was dismissed for want of prosecution, and the amount deposited by the appellant was ordered to be sent to the concerned tribunal for payment to the claimants.
Issues considered
- Whether the appeal should be adjourned on the ground of counsel's alleged illness
- Whether the absence of counsel for the appellant warrants dismissal for want of prosecution
Subjects
- procedural dismissal
- want of prosecution
- adjournment
- counsel absence
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
FIRST APPEAL FROM ORDER No. - 735 of 2012
United India Insurance Co. Ltd.
.....Appellant(s)
Versus
Sanjay Kumar And Another
.....Respondent(s)
Counsel for Appellant(s) : Vibhuti Narain
Counsel for Respondent(s) : Chetan Prakash, Jitendra Kumar,
Kuldeep Kuamr, Pranshu Gupta,
Ratnesh Kumar Pandey, Saurabh Raj,
Shachi Srivastava, Sudhir Kumar
Court No. - 50
HON'BLE PANKAJ BHATIA, J.
1. No one appears on behalf of the appellant even in the revised call.
2. It is informed by the Counsel for the respondent that constant illness
slips are being sent by the Counsel for the appellant as is evident from the
order-sheet dated 28.05.2025.
3. In view thereof, I do not see any reason to adjourn the matter further on
the illness slip sent by the Counsel for the appellant.
4. In absence of Counsel for the appellant, the appeal is dismissed for
want of prosecution.
5. The amount deposited shall be transmitted to the tribunal concerned for
being paid to the claimants in accordance with law.
(Pankaj Bhatia,J.)
May 12, 2026
akverma
Digitally signed by :-
ASHOK KUMAR VERMA
High Court of Judicature at Allahabad
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