Sbi General Insurance Co. Ltd vs Santu Polley & Anr
2021 Latest Caselaw 3892 Cal

17 22.7.2021
Sc                                 F.M.A. 672 OF 2021
                                          with
                                     CAN 1 OF 2021

                            Re
                                      ------------------

SBI General Insurance Co. Ltd.

-vs.-

Santu Polley & Anr.

Mr. Debanjan Mukherjee Mr. Parimal Kumar Pahari.

.......For the Appellant Mr. Afroze Alam ....For the Respondents.

The present miscellaneous appeal is at the instance

of the insurance company and is directed against the

judgment and award dated January 30, 2021 passed by

the learned Judge, M.A.C. Tribunal, Fast Track, Court No.

- III, Alipore, in M.A.C. Case No. 96 of 2016.

CAN 1 of 2021 is an application filed by the

appellant/Insurance company praying for stay of the

operation of the impugned award till the disposal of the

appeal.

Mr. Debanjan Mukherjee, counsel is appearing on

behalf of the appellant/Insurance Company.

After considering the submissions of Mr. Mukherjee

there shall be an unconditional stay of all further

proceedings of the impugned award dated January 30,

2021 passed by the Judge, M.A.C. Tribunal, Fast Track,

Court No. - III, Alipore, in M.A.C. Case No. 96 of 2016 for a

period of four weeks from date.

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 Renewable 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.

Since Mr. Afroze Alam counsel is appearing on

behalf of the claimants/respondents, service of notice of

appeal on the respondents is dispensed with.

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. Mukherjee,

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.

As soon as the paper books are filed, the parties

shall be at liberty to mention the appeal for hearing.

(Shekhar B. Saraf, J.)