Union Of India vs Armila Majhi & Ors
2023 Latest Caselaw 2236 Cal

03.04.2023                      IN THE HIGH COURT AT CALCUTTA
  Ct. no.654                     CIVIL APPELLATE JURISDICTION
Sl. Nos.438 & 439
     ss                                      ,,




                                      F.M.A.T. 978 of 2017
                                         CAN 2 of 2023
                    ,
                                         CAN 3 of 2023
                                             With
                                       C.O.T. 14 of 2021
                                         CAN 1 of 2021
                                          Union of India
                                               Vs.
                                       Armila Majhi & ors.
                    ,,




                          Mr. Subrata Santra
                                     ... for the appellant-Union of India
                          Mr. Jayanta Banerjee
                                     ... for the respondents-applicants

<, Re : CAN 2 of 2023

This is an application for condonation of delay in

preferring the appeal.

Mr. Subrata Santra, learned Advocate for the

appellant-Union of India submits that due to official

process there has been delay of 246 days in preferring the

appeal. He seeks condonation of such delay.

Mr. Jayanta Banerjee, learned Advocate for the

respondents-applicants leaves the matter to the discretion

of the Court.

As per report of the Stamp Reporter dated 4th

September, 2017 there has been delay of 246 days in

preferring the appeal.

It is contended in the application that due to official

process there has been delay in preferring the appeal.

In the appeal, the appellant has raised the issue as

to whether the deceased was a bona fide passenger or

not.

In the aforesaid backdrop and the grounds shown, I

am inclined to condone the delay of 246 days in

preferring the appeal.

Accordingly, the appeal stands condoned.

The application being CAN 2 of 2023 stands

disposed of.

The appeal is formally admitted and registered. ,

Re : FMAT 978 of 2017

This appeal is preferred against the judgment and

order dated 27th September, 2016 passed by Railway

Claims Tribunal, Kolkata Bench in Claim Application

No.OA(IIU)/KOL/2015/0083.

Let the lower court records be called for.

Mr. Jayanta Banerjee, learned Advocate for the

respondents-claimants submits that his clients are willing

to put special messenger cost for bringing the lower court

records.

Respondents-claimants are directed to deposit

special messenger cost within two weeks from date.

Department is directed to take effective steps for

bringing the lower court records from the learned

Tribunal within two weeks from the date of submission of

special messenger cost.

Upon receipt of the lower court records, the Office

shall examine the same and if found to be complete and in

order, shall serve notice of arrival of the lower court

records upon the learned advocate for appellant as well as

learned advocate for respondents-applicants within a

period of two weeks of such arrival.

Mr. Jayanta Banerjee, learned Advocate for the

respondents-applicants, upon receipt of notice of arrival of

lower court records, shall prepare and file three sets of

informal paper books incorporating all relevant papers

and documents including the pleadings and evidence,

both oral and documentary, in printed or typewritten or

cyclostyled form, as the case may be, out of court, within a

period of four weeks from the date of service of notice of

arrival of lower court record on the learned Advocate for

the respondents.

Re : CAN 3 of 2023

This is an application for stay of operation of the

judgment and order dated 27th September, 2016 passed by

Railway Claims Tribunal, Kolkata Bench in Claim Application

No.OA(IIU)/KOL/2015/0083.

By such order dated 27th September, 2016, the

learned Tribunal passed award of Rs.4,00,000/- together

with interest in favour of the applicants-respondents.

Mr. Subrata Santra, learned Advocate for the

appellant-Union of India submits that the appellant is

ready and willing to deposit the entire awarded sum

together with interest before the learned Registrar General

of this Hon'ble Court within such time as would be

directed by this Court. On such count, he prays for stay of

operation of the impugned judgement and award.

Mr. Jayanta Banerjee, learned Advocate for the

respondents-applicants leave the matter to the discretion

of the Court.

As per report of the Computer Section, Appellate

Side, High Court, Calcutta dated 30th March, 2023 no

caveat has been lodged.

In view of readiness and willingness on the part of

the appellant-Insurance Company to deposit the entire

awarded sum together with interest, there shall be stay of

operation of the impugned judgment and award passed by

the learned Tribunal for a period of four weeks. The

appellant-Union of India is directed to deposit the entire

awarded sum together with interest before the learned

Registrar General, High Court, Calcutta within a period of

four weeks from date.

In the event the appellant-Union of India makes

deposit of the aforesaid amount, the order of stay shall

continue till the disposal of the appeal. In default to make

deposit of the aforesaid amount, the order of stay shall

stand automatically vacated without reference to this

Court.

Learned Registrar General of this Court shall ensure

that the amount to be deposited by the appellant-Union of

India be invested in a short-term auto renewable scheme

of any nationalised bank, until further orders.

The application being CAN 3 of 2023 stands

disposed of.

Let the matter appear after six weeks under the

heading 'Hearing'.

Department concerned is directed to furnish report

by the next date as to whether the Cross Objection has

been filed within the statutory period or not since the

same has been tagged with the main file.

               <                  (Bivas Pattanayak, J.)