Company Limited vs Mojaffar Molla & Anr
2021 Latest Caselaw 4441 Cal

2 31.8.2021
Sc                                F.M.A. 686 OF 2021
                                           with
                                I.A. No. CAN 1 OF 2021
                                           with
                                I.A. No. CAN 2 OF 2021
                           Re
                                      ------------------

HDFC ERGO GENERAL INSURANCE COMPANY LIMITED

-vs.-

Mojaffar Molla & Anr.

Mr. Rajesh Singh .......For the Appellant.

The present appeal is at the instance of the

Insurance Company and is directed against the judgment

and award dated February 29, 2020 passed by the learned

Judge, M.A.C. Tribunal, Fast Track, 2nd Court, Diamond

Harbour, 24-Parganas (S) in M.A.C. Case No. 260 of 2016

(CIS No.591/2016).

CAN 1 of 2021 is an application for condonation of

delay in filing this appeal.

On perusal of the pleadings in the application, this

Court is satisfied that the cause shown for delay in

filing of the appeal is sufficient and prayer for

condonation of delay should be allowed.

Accordingly the application for condonation of

delay is allowed.

CAN 1 of 2021 is, accordingly, disposed of.

CAN 2 of 2021 is an application filed by the

appellant/Insurance company praying for stay of the

operation of the award till the disposal of the appeal.

Mr. Rajesh Singh, counsel is appearing on behalf of

the appellant/Insurance Company.

After considering the submissions of Mr. Rajesh

Singh there shall be an unconditional stay of all further

proceedings of the award dated February 29, 2020 passed

by the learned Judge, M.A.C. Tribunal, Fast Track, 2nd

Court, Diamond Harbour, 24-Parganas (S) in M.A.C. Case

No. 260 of 2016 (CIS No.591/2016) for a period of four

weeks from date.

The appellant/Insurance Company is required to

deposit the entire awarded amount together with interest

less the statutory amount already deposited under Section

173(1) of the Motor Vehicles Act, 1988 with the learned

Registrar General of this Court within four weeks from

date.

The learned Registrar General shall ensure that the

same be invested in a Short Term Auto Renewal Fixed

Deposit account of any nationalized bank until further

orders.

If the deposit, as directed above, is made within the

aforesaid period, the stay granted by this order shall

continue till disposal of the appeal, in default, the said

order of stay shall stand automatically vacated without

any reference of this Court.

Accordingly, the application for stay being CAN 2 of

2021 is disposed of.

Requisites for notice of appeal on the respondents

be put in within a week from date.

Let the lower court records be called for at once. As

soon as the lower court records arrive, office shall examine

the same and if found complete, it shall serve notice of

arrival of the lower court records upon Mr. Singh, who

undertakes to file requisite number of informal paper

books - printed, typewritten or cyclostyled, incorporating

all papers used before the tribunal within four weeks

thereafter.

If requisites are not put in within the time frame as

above, put up the appeal under the heading 'For Orders'

(Lawazima).

Office The department concerned is directed to check the

veracity of the FMA number that has been provided.

There is a confusion with regard to whether the FMA

number shall be 686 of 2021 or 687 of 2021. The same

should be clarified and changes be made, if required.

As soon as the paper books are filed, the parties

shall be at liberty to mention the appeal for hearing.

(Shekhar B. Saraf, J.)