The United India Insurance Co. Ltd vs Sri Rambilash Shaw & Anr
2021 Latest Caselaw 1447 Cal

   60
   SK
Ct. No. 18
15.02.2021
                      F.M.A.T. No. 1216 of 2017
             CAN 1 of 2017 ( Old No. : CAN 10760 of 2017)
                        (Via Video Conference)

                The United India Insurance Co. Ltd.
                                 Vs.
                      Sri Rambilash Shaw & Anr.


               Mr. Sanjay Paul               ... For the appellant.

               Mr. Jayanta Kr. Mondal,
               Mr. Sayantan Rakshit ... For the respondent no. 1.

Re : CAN 1 of 2017 (Old No. : CAN 10760 of 2017)

This miscellaneous appeal is at the instance of the

insurance company. This is an application praying for

stay of operation of the judgment and award under

appeal.

Mr. Paul learned advocate for the appellant submits

that the appellant has deposited the entire awarded

sum along with the interest in terms of the order

dated January 9, 2018.

In view of the compliance of the direction passed

on January 9, 2018 the ad interim order is made

absolute till the disposal of the present appeal.

CAN 1 of 2017 (Old No. : CAN 10760 of 2017) is

thus disposed of.

No order as to costs.

Mr. Paul, submits that he has in his possession

certified copy of all relevant documents and papers

necessary for the disposal of the present appeal as

such he prays leave to prepare informal paper book on

the basis of those documents and papers.

Mr. Jayanta Kumar Mondal learned advocate

appears on behalf of the respondent no. 1 and

submits that his client has filed a cross-objection in

the present appeal. Mr. Mondal shall serve a copy of

the memorandum of cross-objection upon Mr. Paul

within a period of one week from date.

The department is directed to put up the said

memorandum of cross-objection in the record along

with the report of the stamp reporter.

The appellant is permitted to prepare informal

paper book incorporating the legible photocopy of the

certified copy of the relevant documents, papers

necessary for the disposal of the present appeal and

the memorandum of the said cross-objection and file

such paper books within three weeks from date.

Mr. Mondal waives formal service of notice of

appeal upon his client as such appeal is ready as

regards service against the respondent no. 1.

The appellant is required to put in requisite for

service of notice of appeal by registered post upon the

respondent no. 2.

The lower Court records be called by special

messenger at the costs of the appellant.

The costs indicated above are required to be

deposited by the appellant within a week from date.

The department after arrival of the lower Court

records shall inspect and on inspection if the said

records are found complete shall serve notice of arrival

of such records upon the learned advocate for the

parties.

Let the matter appear for final hearing eight weeks

hence.

(Biswajit Basu, J.)