FMAT/1271/2019
2021 Latest Caselaw 1911 Cal

26
     12.03. 2021
         jb.
                            F.M.A.T. 1271 of 2019
                   (CAN 1/2019,CAN 2/2020, CAN 3/2021)



                       Mrs. Soma Roy Chowdhury
                               .... For the Appellant
                       Mr. Jayanta Banerjee
                       Mr. Sandip Bandyopadhyay
                               .... For the Respondents

This appeal is directed against a judgment and

order dated 20th March, 2019 passed by the Railway

Claims Tribunal, Kolkata Bench. There is also an

application under Section 5 of the Limitation Act. There

appears to have been a delay of 161 days in filing this

appeal. I have perused the grounds made out by the

appellant praying for condonation of delay in filing of

this appeal. The respondent is represented and does not

oppose the application under Section 5 of the Limitation

Act. In view of the submissions made on behalf of the

parties, the delay in filing this appeal is condoned, the

application under Section 5 of the Limitation Act is

allowed.

CAN 2 of 2020 is an application for stay of the

order dated 20th March, 2019.

I have heard the parties and considered the

grounds made out in the said application.

The appellant is directed to deposit the entire

sum of Rs.8,00,000/- with the Registrar General, High

Court within a period of three weeks from date.

The Registrar General, High Court, Calcutta shall

ensure the same is invested in a short term auto

renewal fixed deposit of any nationalised bank until

further orders.

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

period of three weeks from date there will be a stay of

the impugned order dated 22nd March, 2019 passed by

the Railway Tribunal in case No.

O.A.(IIU)Kol/2012/2007 till the disposal of the present

appeal. In default, this order of stay shall stand

automatically vacated without any further reference to

this Court.

Upon deposit as directed above, there will also be

a stay of all further execution proceedings.

The application being CAN 2 of 2020 is disposed

of.

List this matter for hearing on 28th April, 2021.

(Ravi Krishan Kapur, J.)