National Insurance Co. Ltd vs Kalpana Duari & Ors
2022 Latest Caselaw 7827 Cal

25.11.2022
SL No. 28
Court No. 654
 Sk


                             F.M.A. 1051 of 2022
                IA No.:CAN 1 of 2022, CAN 2 of 2022 CAN 3 of 2022

                          National Insurance Co. Ltd.
                                    vs
                          Kalpana Duari & Ors.


                    Mr. Guddu Singh
                                ...for the appellant.

                    Mr. Amit Ranjan Roy
                             ...for the respondents.

Re: CAN 2 of 2022

This is an application for extension of

interim order of stay.

Mr Guddu Singh, learned advocate for

appellant-insurance company submits that by an

order dated 29.7.2022 stay of operation of impugned

award was granted on condition that the appellant-

insurance company shall deposit the entire awarded

sum along with interest by a stipulated period.

However the cheque for depositing the aforesaid

amount arrived after the lapse of stipulated period

and hence could not be deposited within the time

frame. He further submits that the appellant-

insurance company is ready and willing to deposit

the entire awarded sum along with interest less

statutory deposit. He prays for appropriate order.

Mr Amit Ranjan Roy, learned advocate for

respondents-claimants leaves the matter to the

discretion of the court.

Copy of this application served upon learned

advocate for respondent-claimant.

By an order dated 29.7.2022 stay of

operation of impugned award was granted on

condition that the appellant-insurance company

shall deposit the entire awarded sum within four

weeks from date. However such amount has not

been deposited in terms of the aforesaid order. Be

that as it may, as the appellant-insurance company

is ready and willing to make deposit, hence there

shall be stay of operation of impugned judgment and

award for a period of four weeks. Appellant-

insurance company is directed to deposit the entire

awarded sum along with interest less statutory

deposit before the learned Registrar General, High

Court, Calcutta within the period of four weeks.

In the event the appellant-insurance company

makes deposit of the aforesaid amount the stay shall

continue till the disposal of this application. In

default to make deposit of the aforesaid amount the

stay shall stand automatically vacated without

reference this court.

Learned Registrar General, High Court,

Calcutta shall ensure that the amount to be

deposited by the appellant-insurance company be

invested in a short term auto-renewable scheme of

any nationalized bank until further orders.

Appellant-insurance company is directed to

serve copy of this application upon respondent no.2,

3 & 4-owners of the offending vehicle and file

affidavit of service.

Mr Roy, learned advocate for respondents-

claimants submits that a cross objection being no.

COT 82 of 2022 has been filed by the claimant

which requires to be listed.

Let COT 82 of 2022 be listed and placed in

the case file positively on the next date fixed.

Let the matter appear on 22.12.2022.

(Bivas Pattanayak J.)