Rabina Khatun @ Rubina Khatun & Ors vs Cholamandalam Ms General ...
2022 Latest Caselaw 7383 Cal

 07.11.2022
 SL No. 1
Court No. 654
  Ali


                            F.M.A.T. 805 of 2014
                    IA No: CAN 1/2020 (Old No: CAN/567/2020)

                         Rabina Khatun @ Rubina Khatun & Ors.
                                 versus
                   Cholamandalam MS General Insurance
                          Company Ltd. & Ors.

                    Mr. Jayanta Banerjee
                                          ......for the appellants.
                    Mr. Rajesh Singh
                         ....for the respondents-Insurance Company.

CAN 1 of 2020 (Old No: CAN/567/2020)

This is an application for condonation of delay in preferring the appeal.

Mr. Jayanta Banerjee, learned advocate for the appellants-claimants submitted that for taking necessary legal instructions there has been unintentional delay in preferring the appeal and he prays for condonation of delay the same. It appears from the application that for taking necessary legal instructions there has been delay in preferring the appeal. The cause shown is found to be sufficient to condone the delay. Accordingly, the delay is condoned.

The application being CAN 1 of 2020 (Old No: CAN 567 of 2020) stands disposed of.

The appeal is formally admitted and registered. Mr. Banerjee, learned advocate for the appellants- claimants submits that all relevant documents are with him and calling for the Lower Court Record be dispensed with at present.

In view of such submissions made on behalf of the appellant-claimants the calling for the Lower Court Record is dispensed with for the time being.

It is found from the impugned judgment that though the respondent No. 2 (owner) appeared before the learned tribunal but subsequently did not contest the claim application and the case was disposed of exparte against him.

In the aforesaid backdrop the service of notice of appeal upon respondent No. 2 (owner) is dispensed with.

As respondent No.1-Insurance Company is represented, hence service of notice of appeal upon the said respondent is dispensed with.

Learned advocate for the appellants-claimants is directed to prepare requisite number of informal paper books printed, typewritten or cyclostyled incorporating all relevant documents including oral and documentary evidence within seven days. One set of informal paper books be filed in court and another be supplied upon the learned advocate for the respondent No. 1-Insurance Company.

Let the matter appear on 15.11.2022.

(Bivas Pattanayak, J.)