Uday Kumar Saha Alias Uday Saha vs The New India Assurance Co. Ltd & ...
2023 Latest Caselaw 6879 Cal

09.10.2023                  IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                  CIVIL APPELLATE JURISDICTION
  D/L 1
    ab                                    ,,




                                   FMA 915 of 2022
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                         Uday Kumar Saha Alias Uday Saha
                                        Vs.
                       The New India Assurance Co. Ltd & Anr.

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              Mr. Ashique Mondal
                                               ... for the appellant-claimant



                      This appeal is preferred against the judgment and

              award dated 15th March, 2023 passed by the learned

              Additional District Judge-in-charge-cum-Judge, Motor

              Accident Claims Tribunal, Fast Track 4th Court, Diamond

              Harbour, 24 Parganas (South) in M.A.C. Case No. 272 of

              2015 under Section 166 of the Motor Vehicles Act, 1988.

                      As per report of the Additional Stamp Reporter

              dated 24th June, 2022, the appeal is preferred within the

              statutory period of limitation.

                      Accordingly, the appeal is formally admitted and

              registered.

                      The office report dated 20th January, 2023 shows

              that the lower court records have already been called for

              vide Memo      no.   4671        dated   21st December,   2022.

              However, the same has not been received as yet.

                      Department concerned is directed to issue reminder

              to the learned Tribunal for transmission of the lower

              court records forthwith, within a period of two weeks from

              date.
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        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 the lower court

records upon the learned advocate for appellant-claimant

within a period of two weeks of such arrival.

     Mr. Ashique Mondal, Learned advocate for the

appellant-claimant submits that all the relevant papers

are with him and as such, he undertakes to prepare

informal paper books.

        Learned Advocate for the appellant-claimant is

directed to prepare and file requisite number of informal

paper    books   incorporating       all    relevant   papers   and

documents including the pleadings and evidence, both

oral and documentary, in printed or typewritten or

cyclostyled form, as the case may be, out of court, within a

period of four weeks from date of service of notice of

arrival of lower court records.

     It is found that talabana cost together with written

up notice forms have been filed and notice of appeal has

already been issued to respondent nos.1 & 2 vide memo

no. 3535 FMA and 3536 FMA dated 27.09.2023.

Matter to go out of list with liberty to mention.

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< (Bivas Pattanayak, J.)