Calcutta High Court (Appellete Side)
The Oriental Insurance Co. Ltd vs Dolly Dey & Anr on 26 September, 2024
26.09.2024
Ct. No.33
Sl. No.24
cm FMAT(MV) 519 of 2024
CAN 1 of 2024
The Oriental Insurance Co. Ltd.
Vs.
Dolly Dey & Anr.
Ms. Nibedita Chakraborty
... for the appellant/insurance company
The learned advocate for the appellant/insurance
company is present.
None appeared for the respondents/claimants.
The learned advocate for the appellant/insurance company submits to have filed original certified copy of the impugned judgment. Let the same be accepted by the Department.
The instant appeal has been filed within time. Accordingly, the appeal is admitted.
Call for the lower court records.
Re: CAN 1 of 2024 The learned advocate for the appellant/insurance company submits to have deposited the statutory amount of Rs. 25,000/- vide challan No. 1641 dated 17 th September, 2024. Let the said challan be kept on record.
The learned advocate for the appellant has filed CAN 1 of 2024 with a prayer to deposit a sum of Rs.5,38,000/- along with interest to be calculated @ 6 % per annum before the office of the learned Registrar 2 General, High Court at Calcutta with a deduction of Rs. 25,000/- which has been the statutory amount deposited at the time of institution of the instant appeal.
The appellant/insurance company is granted two weeks after vacation time period to deposit the aforesaid amount before the office of the learned Registrar General, High Court at Calcutta.
The Registrar General, High Court at Calcutta is directed to deposit the said amount in a Nationalized Bank in an auto renewable fixed deposit for a temporary period till the disposal of the instant appeal.
Next date be fixed on 3rd January, 2025. The interim stay of the impugned judgment and order dated 19th July, 2024 passed by the learned Judge, M.A.C. Tribunal, Additional District Judge, Bench-X, City Civil Court, Kolkata, in M.A.C. Case No. 59 of 2017 be stayed till further orders of the instant appeal .
The learned advocate for the appellant/insurance company is directed to serve copy of the memo of appeal and notice upon the respondents/claimants and file affidavit of service on the next date of hearing.
Copy of the order be communicated to the office of the learned Registrar General, High Court at Calcutta for information and necessary action.
(Ananya Bandyopadhyay, J.)