National Insurance Co. Ltd vs Sufiya Bibi @ Sufiya Bibi Molla & Ors
2023 Latest Caselaw 7539 Cal

Calcutta High Court (Appellete Side)

National Insurance Co. Ltd vs Sufiya Bibi @ Sufiya Bibi Molla & Ors on 4 December, 2023

4.12. 2023
 item No.4
n.b.
ct. no. 551                FMAT(MV) 496 of 2023
     with
     IA CAN 1 of 2023


              National Insurance Co. Ltd.
                              Vs.
               Sufiya Bibi @ Sufiya Bibi Molla & Ors.

              Mr. Sanjay Paul,
              Ms. Jaita Ghosh
                          ..... for the appellant.


                    Learned   advocate      appearing   on   behalf   of   the

              Insurance Company Mr. Paul submits that initially the

              instant appeal was preferred with true office copy of the

              Insurance Company, thereafter, the certified copy was

              filed with this office on September 19. 2023. Accordingly,

              the stamp reporter is directed to submit a report whether

              the appeal was preferred in time or not.

                    In Re. CAN 1 of 2023

                    The instant appeal is preferred against the judgment

              and award dated June 15, 2023 passed by the learned

              Judge, M.A.C Tribunal, Alipore, 24 Parganas(South) in

              M.A. C. case no.99 of 2014. The Insurance Company has

              preferred the instant appeal against the award passed by

              the learned Tribunal.

                    This is an application for stay of operation of the

              impugned award passed by the learned Tribunal.

                    Mr.   Paul,   learned    advocate   submits that       one

              excution proceeding was initiated by the claimant to
                              2




execute the award, if the award is executed before the

learned Tribunal, the sole purpose of the instant appeal

would be frustrated.     He submits that the Insurance

Company has deposited Rs.25,000/- towards statutory

deposit vide OD Challan No.1449 OD dated 11.8.2023.

Furthermore, the Insurance is undertake to deposit the

entire awarded sum for the purpose of interest of the

appeal.

      Considering the submission and considering the

readiness   and   willingness     on   behalf   of   Insurance

Company there shall be order of stay of operation of the

impugned judgment and award passed by the learned

Tribunal till January 4, 2024.

      The Insurance Company is directed to deposit the

entire awarded sum less the statutory deposit within that

period.

      If such deposit is made within that period the

interim order passed by this court shall be extended till

disposal of the instant application, failing which the order

of stay shall be vacated automatically.

      If such deposit is made, the office of the Learned

Registrar General, High Court, is directed to invest the

same accordingly to the prelevant rules.

      The appellant is directed to serve the copy of the

application upon the respondents and file affidavit of

service on the returnable date.

Let the matter appear under the heading of

"Application" on January 10, 2024.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

( Subhendu Samanta, J.)