Minara Bibi @ Bewa & Ors vs The Divisional Manager
2023 Latest Caselaw 4813 Cal

07.08. 2023
 item No.5
n.b.
ct. no. 551           FMAT 708 of 2014
     with
     IA No. CAN 1 of 2016(Old No. CAN 11875 of 2016)


                     Minara Bibi @ Bewa & Ors.
                               Vs.
                    The Divisional Manager
                Oriental Insurance Co. Ltd. & Anr.


              Mr. Saidur Rahaman
                              .....for the appellant.

              Mr. Parimal Kr. Pahari,
                                .... For the respondent.

In Re. CAN 1 of 2016(Old No. CAN 11875 of

2016)

This is an application under Section 5 of the

Limitation Act for the condonation of delay in preferring

the instant appeal.

It appears from the report of the Stamp Reporter

that there are 426 days delay in preferring the instant

appeal. Heard the learned advocate for the appellant

and for the Insurance Company.

Considering the submissions, the instant

application under Section 5 of the Limitation Act being

CAN 1 of 2016(Old No. CAN 11875 of 2016) is disposed

of with a direction that the delay in preferring the

instant appeal is hereby condoned. The appeal is

admitted.

It appears that the Insurance Company has

already made his appearance in this appeal and the

respondent no.2 i.e. the owner of the vehicle was not

contested the matter before the learned Tribunal. Thus,

the impugned order was passed ex parte against him.

After observing the situation, the notice of appeal upon

both the respondents is dispensed with. It appears that

the matter is otherwise ready for hearing and a very

short point is involved to hear in this Appeal.

Considering the same, I think it is necessary that

the appeal can be disposed of on perusing the certified

copy of the impugned judgment. Thus, the LCR is not

required to be call for.

The appellant is directed to prepare the requisite

number of paper books and submitted before this Court

after handing over a copy to the learned advocate for the

Insurance Company.

List the matter for hearing on August 11, 2023.

Accordingly, CAN 1 of 2016(Old No. CAN 11875 of

2016) is disposed of.

All parties shall act on the server copy of this

order duly downloaded from the official website of this

Court.

( Subhendu Samanta, J.)