United India Insurance Co.Ltd vs Musarrat Khatun & Ors
2023 Latest Caselaw 2821 Cal

21.04.2023                 IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                 CIVIL APPELLATE JURISDICTION
 Sl. Nos.609                           APPELLATE SIDE
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                                    F.M.A.T.(MV)625 of 2022
                                     (CAN 1 of 2023)(CAN 2 of 2023)
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                               United India Insurance Co.Ltd.
                                              Vs.
                                  Musarrat Khatun & Ors.
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                     Mr. Rajesh Singh
                                 ... for the appellant-Insurance Co.
                     Mr. Ashique Mondal
                     Mr. Arabinda Pal
                                  ..for the respondents 1-3

In Re: CAN 2 of 2023

This is an application for appropriate order for

condonation of delay in depositing the amount directed

vide order dated 17.01.2023.

Mr. Rajesh Singh, learned advocate for the

insurance company submits that the entire awarded sum

together with interest, as directed by this Court, vide

order dated 17.01.2023 has already been deposited but

there has been delay of 12 days in depositing the said

amount. He seeks condonation of such delay.

Mr. Ashique Mondal, learned advocate for the

respondents-claimants leaves the matter to the discretion

of the Court.

By order dated 17.01.2023, the appellant-insurance

company was directed to deposit the entire sum together

with interest within four weeks from date. The photocopy

of the challan being number 3923 dated 27.02.2023

shows that the deposit has been made on 27.02.2023,

resulting in delay of 10 days.

Considering the cause shown the delay in making

the deposit of the awarded sum, as directed by this Court

on 17.01.2023, stands condoned.

The application being CAN 2 of 2023 stands

disposed of.

In Re: CAN 1 of 2023

This is an application for stay of operation of the

judgment and award.

Since the insurance company has already deposited

the entire awarded sum, the stay of operation of

impugned judgment and order shall continue till the

disposal of the appeal.

The application being CAN 1 of 2023 also stands

disposed of.

In Re: F.M.A.T.(MV)625 of 2022

Let the matter appear in the list on 28th April, 2023

under the heading " Hearing".

               <                     (Bivas Pattanayak, J.)