Calcutta High Court (Appellete Side)
Bajaj Allianz General Insurance ... vs Amit Kumar Manna & Anr on 15 February, 2021
84
SK
Ct. No. 18
15.02.2021
F.M.A.T. 534 of 2020
CAN 1 of 2021
CAN 2 of 2021
(Via Video Conference)
Bajaj Allianz General Insurance Company Limited
Vs.
Amit Kumar Manna & Anr.
Mr. Soumalya Ganguli,
Mr. Debmalya Ganguli ... For the Appellant.
CAN 02 of 2021
This is an application for condonation of delay in
preferring the instant appeal. The appeal is within
time according to the report of the Stamp Reporter
dated February 12, 2021. The said report requires
clarification.
The appellant, however, is directed to serve copy of
the application upon the respondents/opposite parties
by Speed Post with Acknowledgement Due.
CAN 01 of 2021
This is an application for stay of operation of the
judgment and award under appeal. The Learned
advocate for the appellant submits that during the
pendency of the present application the award has
been put into execution giving rise to Money
Execution Case No. 02 of 2020 before the 2nd Court of
learned Additional District Judge, at Uluberia, District
Howrah, as such, leave may be granted to him to
correct the prayer portion of the application for stay to
incorporate the prayer for stay of the further
proceedings of the said execution case.
Leave as prayed for by the learned advocate for the
appellant is granted.
The appellant is directed to serve the copy of this
application upon the respondents/opposite parties by
Speed Post with Acknowledgement Due.
Learned advocate for the appellant submits that the
appellant has already deposited the statutory amount
at the time of filing of the instant appeal.
There shall be an unconditional stay of further
proceedings of the aforementioned execution case for
a period of three weeks.
The appellant is required to deposit the entire
awarded sum, along with interest less the statutory
amount already deposited under Section 173 (1) of the
Motor Vehicles Act, 1988 with the Registrar General of
this Court within the said period of three weeks.
The learned Registrar General shall ensure 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 the disposal of the present application, in
default the order of stay shall stand automatically
vacated without any further reference to this Court.
Let both the applications be listed four weeks hence
under the heading 'Application'.
The appellant is required to file affidavit of service
on the next date of hearing.
Urgent Photostat certified copy of this order, if
applied for, be supplied to the parties subject to
compliance with all requisite formalities.
(Biswajit Basu, J.)
