National Insurance Co. Ltd vs Smt. Alokarani Das & Ors
2021 Latest Caselaw 5042 Cal

10 24.9.2021
Sc                                  F.M.A.T. 691 OF 2018
                                             with
                                   I.A. No. CAN 1 OF 2019
                                   (Old No.CAN 9264 OF 2019)
                                             with
                                   I.A. No. CAN 2 OF 2019
                                   (Old No.CAN 9265 OF 2019)


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

National Insurance Co. Ltd.

-vs.-

Smt. Alokarani Das & Ors.

Mr. Kanak Kiran Bandyopadhyay .......For the Appellant/ Insurance Co.

CAN 1 of 2019 (CAN 9264 of 2019) is an application

for condonation of delay of 161 days in filing of the appeal.

CAN 2 of 2019 (CAN 9265 of 2019) is an application

for stay of the judgment and order dated September 16,

2017 passed by the learned Judge, Motor Accident Claims

Tribunal cum Judge, Special Court, Chinsurah, Hooghly

in M.A.C. Case No. 147 of 2015 as also for stay of all

further proceedings of the Money Execution Case No. 70 of

2018, pending before the learned Special Judge, Hooghly,

Chinsurah.

Mr. Bandyopadhyay, counsel appearing on behalf of

the Insurance Company submits that there is a great

urgency in the Court granting stay in this matter as the

execution proceeding continues before the learned

tribunal.

It is to be noted that service has been made upon

the respondents and the same have come back returned.

In my view, in the present case since the judgment and

order assailed before this Court is of the year 2017, the

delay is required to be condoned first and foremost before

passing any other order with respect to stay of the

proceedings.

In light of the same, the appellant/Insurance

Company is directed to once again carry out service upon

the respondents and also serve a copy of the appeal along

with the applications for condonation of delay and stay

upon the counsel appearing on behalf of the respondents

in the execution proceeding. Affidavit-of-service to be filed

on the adjourned date.

Let this matter appear on November 10, 2021.

(Shekhar B. Saraf, J.)