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Allahabad High Court

UNITED INDIA INSURANCE CO. LTD.versusSANJAY KUMAR AND ANOTHER

Decided

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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