4 vs Akb
2022 Latest Caselaw 4259 Cal

Ct.   15.7                F.M.A.T. (MV) 316 of 2022
No.
      2022                       IA No. CAN 1 of 2022
14
                                 IA No. CAN 2 of 2022
                            The New India Assurance Co. Ltd.
 40
                                        -Versus-
akb
                                 Bappa Ali Khan & Anr.

             Mr. Rajdeep Bhattacharya        ...For the Appellant
                                              Insurance Co.


                         IA No. CAN 1 of 2022 is an application for
             codonation of delay in preferring the appeal.

                         Let a copy of the application for condonation of
             delay be served upon the respondents by speed post with AD

within 10 (ten) days and file affidavit of service on the next date of hearing.

IA No. CAN 2 of 2022 is an application seeking stay of operation of the impugned judgment and award.

Learned Lawyer appearing for appellant submits that the appellant has already made the statutory deposit of Rs. 25,000/-, vide challan dated July 12, 2022. He further submits that the appellant will deposit the awarded amount of money with interest thereon less the statutory deposit of Rs. 25,000/- within such period as will be directed by this Court.

As I find from the case record, the appellant has already deposited a sum of Rs. 25,000/- as required under Section 173 of the Motor Vehicles Act.

Having considered the submission and the statutory deposit made by the appellant, I feel that in terms of an order dated November 16, 2017 passed by a Division Bench of this Court in FMAT 837 of 2017, operation of the impugned award dated January 18, 2020 limited interim order of stay may be passed on pending the application for condonation of delay.

Let the operation of the award dated July 15, 2017 passed by the learned Judge, Motor Accident Claims Tribunal-cum-Additional District Judge, 14th Court at Alipore, South 24-Parganas be stayed for a period of four weeks from date.

The appellant is directed to deposit the entire awarded amount of money with interest thereon less the statutory deposit of Rs. 25,000/- with the learned Registrar General of this Hon'ble High Court within four weeks from date.

If the appellant deposits the entire awarded amount of money with interest thereon less the statutory deposit of Rs.25,000/- with the learned Registrar General of this court within four weeks from date, the order of stay shall continue till disposal of the application for stay on hand.

Learned Registrar General shall ensure that the aforesaid amount of money to be deposited by the appellant shall be invested in a short-term auto-renewable fixed deposit account in any nationalised bank until further order.

Let a copy of the application for stay of the impugned award also be served upon the respondents by speed post with AD within 10 (ten) days and file affidavit of service on the next date of hearing.

Let the matter appear in the list for hearing both the applications condonation of delay as well as application for stay on August 11, 2022.

( Rabindranath Samanta, J.)