Calcutta High Court (Appellete Side)
Kalpana Malik @ Kalpana Mallick & ... vs Union Of India on 18 October, 2023
18.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. No. 216. APPELLATE SIDE
KB ,,
F.M.A.T. (IR) 5 of 2022
with
IA No. CAN 1 of 2023
with
IA No. CAN 2 of 2023
Kalpana Malik @ Kalpana Mallick & Ors.
Vs.
Union of India
Mr. Jayanta Banerjee
Mr. Sandip Bandyopadhyay
Ms. Ruxmini Basu Roy
... For appellants-claimants.
Mr. Suman Chattopadhyay
Mr. Rivu Dutta
Mr. Rhitam Chatterjee
... For Union of India.
In Re: IA No. CAN 2 of 2023.
This is an application for condonation of delay in
filing of the appeal.
As per report of the Additional Stamp Reporter 1st
August, 2022, there is delay of 276 days in preferring the
appeal.
Mr. Jayanta Banerjee, learned advocate for
appellants-claimants submits that previously the appeal
was filed along with the true copy of the impugned
judgment and an application being CAN 1 of 2023 for
condonation of delay was also filed. Subsequent thereto
the application being CAN 1 of 2023 was withdrawn due to
mistake in mentioning the number of days delay in
2
preferring the appeal. Thereafter the appellants obtained
certified copy of the impugned judgment and furnished
the same which resulted in delay of 276 days in preferring
the appeal. He seeks condonation of delay.
Mr. Suman Chattopadhyay, learned advocate for
respondent-Union of India opposes such prayer for
condonation of delay.
It is found from the materials on record that
previously the appellants filed an application for
condonation of delay being CAN 1 of 2023 which was
subsequently withdrawn on 24th April, 2023 due to
mistake in mentioning the number of days delay.
Thereafter the appellants have filed the present
application for condonation of delay upon filing of the
certified copy of the impugned order. Considering the
aforesaid facts the delay of 276 days in preferring the
appeal stands condoned.
The application, being CAN 2 of 2023 accordingly
stands disposed of.
The appeal is formally admitted and registered.
IN Re: F.M.A.T. (IR) 5 of 2022
This appeal is preferred against the judgment and
award dated 16th June, 2021 passed by Learned Vice
Chairman, Railway Claims Tribunal, Kolkata Bench, in
Claim Application No. O.A.(IIu)/KOL/2017/0364.
Call for the lower court records.
Mr. Jayanta Banerjee, learned advocate for the
appellants-claimants submits that he is willing to deposit
the Special Messenger's cost for bringing the lower court
records.
Accordingly, the appellants-claimants are directed to
deposit the Special Messenger's cost within a week of re-
opening after the ensuing Puja Vacation for bringing the
lower court records.
Department is directed to take effective steps for
bringing the lower court records from the learned
Tribunal within two weeks from date of deposit of Special
Messenger's cost.
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-
insurance company within a period of two weeks of such
arrival.
Upon receipt of notice of arrival of lower court
records, learned advocate for the appellants-claimants
shall prepare and file three sets 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.
Since the respondent-Union of India has entered
appearance, hence service of notice of appeal upon the
said respondent stands dispensed with.
Matter to go out of the list.
Liberty to mention.
(Bivas Pattanayak, J.)
