United India Insurance Co.Ltd vs Aman Bazaj & Ors
2023 Latest Caselaw 2823 Cal

21.04.2023                 IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                 CIVIL APPELLATE JURISDICTION
 Sl. Nos.640                           APPELLATE SIDE
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                                    F.M.A.T.(MV)220 of 2023
                                     (CAN 1 of 2023)
               ,




                             United India Insurance Co.Ltd.
                                            Vs.
                                Aman Bazaj & Ors.
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                     Mr. Rajesh Singh
                                 ... for the appellant-Insurance Co.
                     Mr. Ashique Mondal
                     Mr. Arabinda Pal
                                  ..for the respondents

In Re: CAN 1 of 2023

This is an application for stay of operation of the

impugned judgement and award passed by the learned

Additional District Judge, Fast Track, 4th Court, Alipore,

South 24 Parganas in MAC case no. 627 of 2018 under

Section 166 of the Motor Vehicles Act, 1988.

Mr. Rajesh Singh, learned advocate for the

appellant-insurance company submits that the execution

proceeding has been initiated in relation to the award and

already an order of attachment of the bank account of the

insurance company has been passed in execution

proceeding. He submits for stay of operation of the

impugned judgment and award as well as further

proceeding in the execution case. Mr. Singh files a

photostat copy of the order in execution case, which is

taken on record.

None appears on behalf of the Caveator.

Mr. Ashique Mondal, learned advocate for the

respondents-claimants submits that he has taken "No

Objection" from the learned advocate for the Caveator and

would furnish Vokalatnama on behalf of the respondents-

claimants. He further submits that the application for

stay has not been served upon his client.

Mr. Singh, learned advocate for the insurance

company serves copy of the application for stay upon

learned advocate for the respondents-claimants.

Mr. Mondal, learned advocate for the respondents-

claimants undertakes that his client will not take further

steps in the execution proceeding till the application for

stay is heard.

In view of the above, let the matter appear in the

list on 24th April, 2023 under the heading "

Application(top)".

             <                     (Bivas Pattanayak, J.)