Calcutta High Court (Appellete Side)
Insurance Company Limited vs Ikbarul Laskar & Anr on 20 July, 2021
12 20.7.2021
Sc F.M.A.T. 380 OF 2021
with
I.A. No. CAN 1 OF 2021
with
I.A. No. CAN 2 OF 2021
Re
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Divisional Manager, Bajaj Allianz General
Insurance Company Limited
-vs.-
Ikbarul Laskar & Anr.
Mr. Soumalya Ganguli
.......For the Appellant.
The present miscellaneous appeal is at the instance
of the insurance company and is directed against the
judgment and award dated February 20, 2021 passed by
the learned Judge, M.A.C. Tribunal, Fast Track, 1st Court,
Diamond Harbour, in M.A.C. Case No. 193 of 2017 CIS
No.434/2017.
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 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 2 of 2021 is an application filed by the
appellant/Insurance company praying for stay of the
operation of the award as also the execution proceedings
till the disposal of the appeal.
Mr. Soumalya Ganguli, counsel is appearing on
behalf of the appellant/Insurance Company.
After considering the submissions of Mr. Ganguli
there shall be an unconditional stay of all further
proceedings of the award dated February 20, 2021 passed
by the learned Judge, M.A.C. Tribunal, Fast Track, 1st
Court, Diamond Harbour in M.A.C. Case No. 193 of 2017
CIS No.434/2017 for a period of four weeks from date.
Accordingly, the proceedings in the M.A.C.
Execution Case No. 5 of 2021 shall also remain stayed
until further orders.
The appellant 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 the 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 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. Ganguli, 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).
As soon as the paper books are filed, the parties
shall be at liberty to mention the appeal for hearing.
(Shekhar B. Saraf, J.)
