Calcutta High Court (Appellete Side)
4 vs Tajmuna Khatoon Allias Tajamuna ... on 17 August, 2022
Ct. 17.8 F.M.A.T. (MV) 94 of 2022
No.
2022 National Insurance Co. Ltd.
14
-Versus-
Tajmuna Khatoon Allias Tajamuna Khatoon & Ors.
1
akb
Ms. Sucharita Paul ...For the Appellant
Insurance Co.
Learned Lawyer appearing for the appellant
submits that the appellant deposited Rs.5,16,000/- vide
challan dated 16th August 2022 in terms of order dated 25th
April 2022, but the deposit has been made beyond the period
as specified by the Court. As such, learned Lawyer submits
that the deposit as made by the appellant belatedly be
accepted and the interim order passed on April 25, 2022 be
extended.
As I find from a copy of the challan dated 16th
August 2022, the appellant has deposited Rs. 5,16,000/- with
the learned Registrar General, High Court, Calcutta in terms
of order dated 25th April 2022. But the said deposit has been
made belatedly.
For the interest of justice, the belated deposit be
accepted.
Let the interim order stay as granted earlier be
extended till disposal of the appeal.
This appeal has been preferred against the
judgment and award dated 21st September 2021 passed by
the learned Motor Accident Claims Tribunal, Fast Track 2nd
Court, Purba Bardhaman in MACC No. 51 of 2015.
The appeal has been filed within the statutory
period. Let the appeal be admitted and formally registered.
Call for the lower Court records. The
department is directed to take effective steps to call for the
lower Court records within three weeks from the date of
2
communication of this order.
Immediately after arrival of the lower Court
records, office shall examine the same and, if found
complete, shall serve notice of arrival of lower Court records
upon the learned Advocate for the appellant soon thereafter.
The appellant is given liberty to prepare three
copies of informal paper books - printed, typewritten or
cyclostyled, as the case may be - out of Court, within fifteen
days from the date of service of notice of arrival of lower
Court records on the learned Advocate for the appellant.
After preparation, one set of paper book will be
filed in Court and another set of paper book will be supplied
to the learned Lawyer who will represent the contesting
respondents.
The appellant is also directed to serve notice of
appeal along with a copy of the memorandum of appeal
upon all the respondents by speed post with AD within ten
days from date and file affidavit-of-service on the next date
of hearing.
After paper books are prepared, liberty is given
to the appellant as well as to the respondents, if contested by
them, to mention the appeal for its inclusion in the list for
hearing.
Let the appeal go out of the list for the time
being.
( Rabindranath Samanta, J.)
