New India Assurance Co. Ltd vs Mafiya Bibi & Ors
2022 Latest Caselaw 7330 Cal

                               IN THE HIGH COURT AT CALUTTA
                                  Civil Appellate Jurisdiction
 03.11.2022
 SL No.15
Court No. 654
     Ali


                                 F.M.A. 875 of 2022
                                  IA No: CAN/1/2022
                               New India Assurance Co. Ltd.
                                          Vs.
                                   Mafiya Bibi & Ors.

                    Mr. Rajdeep Bhattacharya
                                                      ......for the appellant

                    Affidavit of service filed on behalf of the appellant-
                 Insurance Company is taken on record.

                    CAN 1 of 2022

                    Mr. Rajdeep Bhattacharya, learned advocate for
                the appellant-Insurance Company submits that in
                terms     of    order   dated   29.06.2022   the     appellant-
                Insurance Company has already deposited the entire
                awarded sum alongwith interest. He files photo copy of
                the Chalan.
                    It appears from the report of the FMA Section,
                Appellate Side, High Court at Calcutta that the
                appellant-Insurance Company has deposited a sum of
                Rs.19,90,673/- before the Registry vide OD Challan
                No. 1160 dated 08.07.2022 in compliance to order
                dated 29.06.2022.
                    In the aforesaid backdrop, the stay granted vide
                order dated 29.06.2022 is made absolute till the
                disposal of the appeal.
                    The application being CAN 1 of 2022 stands
                disposed of.
                    FMA 875 of 2022
                    Mr.        Bhattacharya,    learned   advocate    for   the
                appellant-Insurance Company submits that he has
                filed the copy of the impugned judgment and award
                dated 30.04.2022 in the department being filing No.
                16204 dated 30.04.2022.
               2




    The report of Additional Stamp Reporter dated
27.06.2022

shows that the report as to whether the appeal has been filed within time could not be furnished due to want of certified copy of the impugned order.

As the certified copy of the impugned judgment and award has been filed, the department concerned is directed to submit report as to whether the appeal has been filed within time or not on the next date fixed. Let the matter appear on 06.12.2022.

(Bivas Pattanayak, J.)