The New India Assurance Company ... vs Maharani Pandey And Others
2022 Latest Caselaw 5529 Cal

17th August, 2022
  (D/L No.20)
   Ct.No.14
     (SKB)

                                         FMA 926 of 2022
                                               With
                               CAN 1 of 2020 (Old CAN 2463 of 2020)
                                               With
                               CAN 2 of 2020 (Old CAN 2466 of 2020)
                                               With
                                          CAN 3 of 2022

                          The New India Assurance Company Limited
                                           Versus
                                Maharani Pandey and others

                                  Mr. Rajesh Singh
                                                         ... for the appellant.

                                  Mr. Jayanta Kumar Mandal
                                          ... for the respondents/claimants.

The application being CAN 2 of 2020(Old CAN

2463 of 2020) seeking stay of the operation of the

impugned order is taken up for hearing.

I have heard learned counsel appearing for the

parties.

It appears from the office report that initially the

appellant made the statutory deposit of Rs.25,000/-

vide challan dated 7th February, 2022. Thereafter, in

compliance with the order dated 30th June, 2022 passed

by this Bench, the appellant deposited Rs.1,22,22,542/-

vide challan dated 8th July, 2022.

In view of the aforesaid deposits of the amount of

money, as required under the statute as well as in

compliance with the court's order, the interim order of

stay as passed by the court should be made absolute.

Accordingly, the interim order of stay is made absolute

and the order of stay will continue till disposal of the

appeal.

Now the application being CAN 3 of 2022 filed by

the respondents/claimants seeking withdrawal of a sum

of Rs.1 crore out of the deposited awarded amount of

money is taken up for hearing.

I have heard learned counsel appearing for the

parties.

Having heard learned counsel appearing for the

parties and on consideration of the findings recorded by

the Tribunal in the impugned judgment, I feel that the

respondents/claimants may be permitted to withdraw

Rs.50 lacs out of the deposited amount of money.

In view of the above, the application being CAN 3

of 2022 is allowed in part.

The respondent nos.1 to 5/claimants are permitted

to withdraw Rs.50 lacs out of the deposited amount of

money from the office of the learned Registrar General.

The learned Registrar General shall release the aforesaid

amount of Rs.50 lacs to the claimant nos.1 to 5 in equal

share after being satisfied with their identity at the

earliest.

Call for the L.C.R.

The department is directed to take effective steps

so that the L.C.R. may be received from the learned

Tribunal within three weeks from the date of

communication of the order.

Learned lawyer appearing for respondent nos.1 to

5/claimants submits that after arrival of the L.C.R., his

clients will prepare the requisite number of informal

paper books.

In view of the above, after the L.C.R. is received

and found complete on its examination, notice of arrival

of the L.C.R. be served upon the learned lawyer

appearing for the respondent nos.1 to 5. The

respondents no.s 1 to 5 are directed to prepare requisite

number of informal paper books - typewritten,

cyclostyled or printed out of court - and file the same in

court.

Let the appeal go out of the list for the time being.

After the paper books are prepared, liberty is given to

the learned lawyer appearing for respondent nos.1 to 5

as well as the learned lawyer appearing for the appellant

to mention the matter for listing it for hearing.

(Rabindranath Samanta, J.)