Naphisa Begum & Anr vs Union Of India
2023 Latest Caselaw 561 Cal

                        IN THE HIGH COURT AT CALUTTA
                           Civil Appellate Jurisdiction
 18.01.2023
SL No.33
Court No. 654
       Ali


                          F.M.A.T. 75 of 2014
                          IA No: CAN/1/2023

                         Naphisa Begum & Anr.
                                   Vs.
                           Union of India

                 Mr. Jayanta Banerjee
                 Mr. Sandip Bandyopadhyay
                 Ms. R. B. Roy
                                ...for the appellants-claimants.

                        Affidavit of service filed on behalf of the

                appellants-claimants is taken on record.

                        Re: CAN 1 of 2023

                        This is an application for condonation of

                delay in preferring the appeal.

                        Mr Jayanta Banerjee, learned advocate for

                appellants-claimants submits that there has been a

                nominal delay of 9 days in preferring the appeal and

                submits condonation of such delay.

                        None appears on behalf of respondent-Union

of India in spite of service of copy of the application.

Accordingly, the application for condonation of delay

is taken up for consideration.

The report of Additional Stamp Reporter

dated 1.2.2014 shows delay of 9 days in preferring

the appeal. Be that as it may, the cause shown is

sufficient to condone such delay. Accordingly, delay

of 9 days in preferring the appeal stands condoned.

The application being CAN 1 of 2023 stands

allowed and disposed of.

The appeal is formally admitted and

registered.

FMAT 75 of 2014

This appeal is directed against the judgment

and award dated 9th October 2013 passed by

Railway Claims Tribunal, Kolkata in Claim

Application No. O.A (IIU)/240/2010 under Section

124A of the Railways Act, 1989.

Call for the lower court records.

Department is directed to take effective steps

for bringing the lower court records from the learned

tribunal within a period of two weeks from date.

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 within a period of two weeks of

such arrival of records.

Upon receipt of notice of arrival learned

advocate for appellants-claimants company shall

prepare and file three sets 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.

Appellants-claimants is directed to deposit

Talabana cost alongwith written up notice forms for

service of notice of appeal upon the respondent-

Union of India within two weeks from date.

Appellants-claimants is also at liberty to

serve notice of appeal upon respondent-Union of

India through registered speed post with

acknowledgement due.

Matter to go out of list.

Liberty to mention.

(Bivas Pattanayak, J.)