The National Insurance Co. Ltd vs Durga Mudi & Ors
2023 Latest Caselaw 6771 Cal

05.10.2023                         IN THE HIGH COURT AT CALCUTTA
Ct. no.654                         CIVIL APPELLATE JURISDICTION
Sl. Nos.255-256                           APPELLATE SIDE
   KB                                         ,,




                                          F.M.A. 359 of 2019
                                                  with
                                         IA No. CAN 1 of 2019
                                        (Old No. CAN 827 of 2019)
                  ,




                                      The National Insurance Co. Ltd.
                                                 Vs.
                                           Durga Mudi & Ors.
                                                 with
                                             COT 71 of 2019
                                           Durga Mudi & Ors.
                  ,,
                                                  Vs.
                                    The National Insurance Co. Ltd. & Anr.


                          Mr. Sanjay Paul
                          Ms. Jaita Ghosh
                                    ... For the appellant-insurance company.

                           Mr. Jayanta Banerjee
                           Mr. Sandip Bandhopadhyay
                           Mr. Argha Bhattacharjee
                                     ... For the claimants-respondents.

In Re: IA No. CAN 1 of 2019 (Old No. CAN 827 of 2019)

This is an application for stay of operation of

impugned judgment and award.

By order dated 15th March, 2019, interim stay

was granted on condition to deposit the entire awarded

sum together with interest.

Mr. Sanjay Paul, learned advocate for appellant-

insurance company submits that the insurance

company has already deposited the entire awarded

sum together with interest in terms of order of this

Court. He submits for making the order of interim stay

absolute till the disposal of the appeal.

Mr. Jayanta Banerjee, learned advocate for

respondent nos. 1 to 3-claimants leaves the matter to

the discretion of the Court.

It is found from the office report dated 25th

April, 2019 that the insurance company has deposited

an amount of Rs.56,20,565/- vide OD Challan No. 83

dated 11.04.2019 in terms of order of this Court. Since

the insurance company has complied the order of this

Court, hence the interim order of stay granted earlier

on 15.03.2019 is made absolute till the disposal of the

appeal.

CAN 1 of 2019 (Old No. CAN 827 of 2019)

stands disposed of.

In Re: F.M.A. 359 of 2019

Both the learned advocates submit for fixing a

date for final hearing of the appeal.

It is found that the report of delay, if any, for

filing Cross Objection could not be furnished for want

of the main appeal filed.

Department concerned is directed to furnish

report of delay, if any, in filing of the cross objection

positively on the next date fixed.

Let the matter appear on 16th October, 2023 at

the top under the heading "Hearing".

            <                     (Bivas Pattanayak, J.)