National Insurance Co. Ltd vs Totan Pal @ Toton Pal & Anr
2023 Latest Caselaw 794 Cal

                        IN THE HIGH COURT AT CALUTTA
                           Civil Appellate Jurisdiction
 30.01.2023
  SL No.47
Court No. 654
    Ali


                            F.M.A. 908 of 2022
                             IA No:CAN/1/2022
                        National Insurance Co. Ltd.
                                    Vs.
                        Totan Pal @ Toton Pal & Anr.

                 Mr. Rajesh Singh
                              ....for the appellant-Insurance Co.


                        Affidavit   of   service     filed   on       behalf   of

                appellant insurance company is taken on record.

                        CAN 1 of 2022

                        This is an application for stay of operation of

                impugned judgment and award.

                        Mr. Rajesh Singh, learned advocate for

                appellant insurance company submits that the

                entire awarded sum together with interest has

                already been deposited in terms of order dated 10th

                August, 2022 and he submits for making the order

                of stay absolute till the disposal of the appeal.

                        The affidavit of service shows that copy of

                application has been delivered to the respondents.

As per office report dated 14.09.2022 the

insurance company has deposited a sum or

Rs26,89,840/- in terms of order dated 10th August,

2022 with the Registry of the court vide OD Challan

No 1598 dated 23.08.2022. Since the insurance

company has deposited the entire awarded sum

alongwith interest in terms of order of this court

hence the order of stay dated 10th August, 2022 is

made absolute till the disposal of the appeal.

The application being CAN 1 of 2022 stands

disposed of.

FMA 908 of 2022

It appears that lower court records have

been received and upon examination found to be

complete and in order.

Appellant is directed to comply order dated

10th August, 2022 by preparing informal paper

books.

Appellant is also directed to deposit

Talabana cost alongwith written up notice forms for

service of notice of appeal upon the respondents

within a period of two weeks from date.

Matter to go out of list.

Liberty to mention.

(Bivas Pattanayak, J.)