United India Insurance Coltd v. Hemala Bibi & ORS

25.04.2022 SL No. 16 Court No. 21 Sk & ali FMAT 308 of 2020 IA No. CAN/1/2021, CAN/2/2021 United India Insurance Co. Ltd.

vs Hemala Bibi & Ors.

Mr. Parimal Kumar Pahari ...for the appellant.

Mr. Saidur Rahaman ...for the respondents/claimants 1 to 6.

Parties are represented by their respective advocates.

Learned advocate appearing for the Insurance Company submits that the Insurance Company does not want to proceed with the present appeal and prays necessary order may be passed.

He further submits that the Insurance Company may be permitted to withdraw a sum of Rs. 25,000/- which it has deposited with the learned Registrar General, High Court, Calcutta.

No objection is raised by the learned advocate for the respondent.

Since the appellant is not interested to proceed with the present case, the appeal stand dismissed for non-prosecution.

Accordingly, FMAT 308 of 2020 is dismissed for non-prosecution.

The connected application being CAN 1 of 2021 and CAN 2 of 2021 are also disposed of.

The interim order, if any, stands discharged. The Insurance Company is at liberty to withdraw a sum of Rs. 25,000/- lying in deposit with the Registrar General is requested to do the needful. There will be, however, no order as to costs. Parties are to act on the server copy of this order duly downloaded from the official website of this Court.

(Kesang Doma Bhutia, J.)