Calcutta High Court (Appellete Side)
Corporation & Anr vs Soham Chatterjee on 17 October, 2023
17.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
D/L 203
ab ,,
FMAT (MV) 509 of 2023
With
CAN 1 of 2023
,
Municipal Commissioner of Kokata Municipal
Corporation & Anr.
Vs.
Soham Chatterjee
,,
Mr. Nilanjan Chattejee,
Mr. S. Biswas,
Ms. Puja Goswami
... for the appellants
Re : FMAT (MV) 509 of 2023
This appeal is preferred against the judgment and
award dated 20th April, 2023 passed by the learned
Additional District Judge, Fast Track Court, 4th Court,
Alipore in MAC Case No. 779 of 2018 under Section 166
of the Motor Vehicles Act, 1988.
As per the report of the Additional Stamp Reporter
dated 11th October, 2023, the appeal is preferred within
the statutory period of limitation.
Accordingly, the appeal is formally admitted and
registered.
Let the lower court records be called for.
Department is directed to take effective steps for
bringing the lower court records from the learned
Tribunal within six weeks from date.
Upon receipt of the lower court records, the Office
shall examine the same and if found to be complete and in
2
order, shall serve notice of arrival of the lower court
records upon the learned advocate for appellants within a
period of two weeks of such arrival.
Upon receipt of the notice of arrival of lower court
records, learned Advocate for the appellants shall 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
the date of service of notice of arrival of lower court
records.
Appellants are directed to deposit talabana costs
together with written up notice form for causing service of
notice of appeal upon the respondent.
Re : CAN 1 of 2023 (Stay)
This is an application for stay of operation of the
impugned judgment and award dated 20th April, 2023
passed by the learned Additional District Judge, Fast
Track Court, 4th Court, Alipore in MAC Case No. 779 of
2018 under Section 166 of the Motor Vehicles Act, 1988.
By such order dated 20th April, 2023, the learned
Tribunal granted compensation in favour of the claimant
to the tune of Rs. 23,55,174/- together with interest
under Section 166 of the Motor Vehicles Act.
Mr. Nilanjan Chatterjee, learned Advocate for the
appellants submits that they have already deposited the
statutory amount and is ready and willing to deposit the
entire awarded sum together with interest less statutory
deposit before learned Registrar General, High Court,
Calcutta within such time as would be directed by this
Court. On such count, he prays for stay of operation of
the impugned judgment and award as well as further
proceeding in Execution Case being MACC Ex 89 of 2023.
He files photocopy of the Challan No. 2120 dated 12th
October, 2023, which is taken on record.
The report of the Computer Section, Appellate Side,
High Court, Calcutta dated 9th October, 2023 shows that
no caveat has been lodged.
Photocopy of the Challan No. 2120 dated 12th
October, 2023 shows deposit of statutory amount of Rs.
25,000/- with the registry of this Court in terms of Section
173 of the Motor Vehicles Act.
In view of readiness and willingness on the part of
the appellants to deposit the entire awarded sum together
with interest less statutory amount, there shall be stay of
operation of the impugned judgment and award passed by
the learned Tribunal as well as further proceeding of
MACC Ex 89 of 2023 pending before the learned Tribunal
till 2nd week of December, 2023. The appellants are
directed to deposit the entire awarded sum together with
interest less statutory amount before the learned Registrar
General, High Court, Calcutta within 2nd week of
December, 2023.
In the event, the appellants make deposit of the
aforesaid amount, the order of stay shall continue till the
disposal of this application. In default to make deposit of
the aforesaid amount, the order of stay shall stand
automatically vacated without reference to this Court.
Learned Registrar General of this Court shall ensure
that the amount to be deposited by the appellants be
invested in a short-term auto renewable scheme of any
nationalized bank, until further orders.
The appellants are directed to serve copy of this
application upon the respondent and file affidavit of
service on the returnable date.
Let the matter appear on 18th December, 2023
under the heading 'Application'.
< (Bivas Pattanayak, J.)
