Mouly Maity vs United India Insurance Co. Ltd. & ...
2023 Latest Caselaw 5023 Cal

 Item No.13


                             In The High Court At Calcutta
                             Constitutional Writ Jurisdiction
                                     Appellate Side

14.08.2023
   Ct-32
   AGM

                                    F.M.A.T. 746 of 2019
                                            With
                                   IA No. CAN 1 of 2019
                                (Old CAN No. 8132 of 2019)

                                         Mouly Maity
                                               Vs
                               United India Insurance Co. Ltd. & Anr

                       Mr. Jayanta Kumar Mondal
                                                  ... for the appellant.

                       Mr. Jayanta Kumar Mondal, learned advocate
              appears on behalf of the appellant and file affidavit-of-
              service be taken on record.
                       It appears from the affidavit-of-service that the
              notice     was served long back          in the      year   2019.
              Accordingly the appellant is directed to serve afresh
              notice upon the respondent no. 1, Insurance Company.

As per his prayer the notice of respondent no. 2 has been dispensed with as respondent no. 2/owner did not contest the case before the Tribunal. An ex parte judgment and award was passed against respondent no. 2/owner of the vehicle.

Let the matter appear on 29th August, 2023.

(Ajay Kumar Gupta, J.)