National In. Co. Ltd vs Soma Mondal & Ors
2022 Latest Caselaw 6584 Cal

14.9.2022                                F.M.A 1160 of 2021
item no.13
ct.654                               CAN 1 of 2022, CAN 2 of 2022
sk
                          In the matter of:-

                              National    In. Co. Ltd.

                                               Vs

                               Soma Mondal & Ors.

                       Mrs. Sucharita Paul
                                               ....for the appellant.


                   Affidavit of service filed by the appellant is taken on

             record.

                   None appears on behalf of the respondents in spite

of service of notice.

The appellant is directed to deposit talabana along

with written up notice forms for service of notice of

appeal upon the respondents.

Re:- CAN 1 of 2022

This is an application for condonation of

delay in preferring the appeal.

Ms. Sucharita Paul, learned advocate appearing

for the appellant submits that there is no such delay in

preferring the appeal and the application for condonation

of delay has been made out of precaution and she

submits that the appellant does not intend to press such

application.

It appears from the report of the Additional

Stamp Reporter dated dated 19.8.2021 that the appeal is

filed within time in view of order dated 23.3.2020 and

27.4.2021 of Hon'ble Supreme Court passed in suo-motu

writ (c) 3 of 2020.

In view of the above, CAN 1 of 2021 is dismissed

as redundant.

The appeal is formally admitted and registered.

Call for the lower court records.

The department is directed to take effective steps

for bringing the lower court records within a period of four

weeks from date.

Upon receipt of the lower court records, the

department shall serve notice of arrival of lower court

records upon the learned advocate for the appellant-

Insurance-Co.

Upon receipt of such notice of arrival of lower

court records, the learned advocate for the Insurance Co.

shall prepare informal paper books in three sets in

printed, type written or cyclostyled form incorporating all

relevant papers, including pleadings, oral and

documentary evidence. One set of such informal paper

books be filed in court and another be served upon the

learned advocate for the respondents.

Re:- CAN 2 of 2022

This is an application for stay of operation of

judgment and award dated 9th September, 2020 passed

by Ld. Judge, 1st Court, Motor Accident Claims Tribunal,

Barasat in MACC Case No.111 of 2010/ MACC No.

3197 of 2014.

Mrs. Sucharita Paul, learned advocate for the

appellant-insurance company submits that in compliance

to order dated 3.8.2022, the appellant has already

deposited the entire awarded sum along with interest and

she prays for making interim order of stay absolute till

the disposal of the appeal. She files photocopy of challan

showing deposit of the amount.

As per the report of FMA Section, dated

1.9.2022, it appears that a sum of Rs. 35,22,687/- has

been deposited with the registry under OD Challan No.

1628 dated 25.8.2022. In compliance to order dated

3.8.2022. The photocopy of the challan filed on behalf of

the appellant also reveals of such fact. As the entire

amount as directed by the court has been deposited the

interim stay granted vide order dated 3.8.2022 is made

absolute till the disposal of the appeal. The application

being CAN 2 of 2021 stands disposed of.

Let the matter appear two weeks after the Puja

vacation.

(Bivas Pattanayak, J.)