Mithurani Panda & Ors vs Union Of India & Ors
2023 Latest Caselaw 927 Cal

                        IN THE HIGH COURT AT CALUTTA
                           Civil Appellate Jurisdiction
 03.02.2023
  SL No.10
Court No. 654
    Ali


                         F.M.A. 1229 of 2022
                  IA No:CAN/1/2018 (Old No: CAN/7662/2018)
                            Mithurani Panda & Ors.
                                     Vs.
                            Union of India & Ors.

                 Mr. Sk. Abu Abbas Uddin
                            ...for the appellants-claimants.

                        F.M.A. 1229 of 2022

                        This   appeal      is    preferred   against   the

                judgment 31st August, 2017 passed by Railway

                Claims Tribunal,      Kolkata in Claim Application

                No.OA(IIu)/KOL/2013/0356 under Section 124-A of

                the Railways Act, 1989.

                        By order dated 17.02.2020 the delay in

                preferring the appeal was condoned.

                        Accordingly, the appeal is formally admitted

                and registered.

                        Call for the lower court records.

                        None appears for respondent-Union of India.

Mr. Abu Abbas Uddin, learned advocate for

appellants-claimants submits that his client is ready

and willing to deposit Special Messenger's cost for

bringing the lower court records from the learned

tribunal. Accordingly, appellants-claimants are

directed to deposit Special Messenger's cost for

bringing the lower court records within a period of

one week from date.

Department is directed to take effective steps

for bringing the lower court records from the

learned tribunal within two weeks of deposit of the

Special Messenger's cost.

Upon receipt of the lower court records, the

office shall examine the same and if found to be

complete and in order shall serve notice of arrival of

lower court records upon learned advocate for the

appellants-claimants.

Upon receipt of notice of arrival learned

advocate for appellants-claimants shall prepare and

file requisite numbers of informal paper books

incorporating all relevant papers and documents

including pleadings and evidence both oral and

documentary in printed, cyclostyled or typewritten

form within a period of four weeks from date of

service of notice of arrival of lower court records.

Matter to go out of list.

Liberty to mention.

(Bivas Pattanayak, J.)