The New India Insurance Co. Ltd vs Kamal Chakraborty & Ors
2023 Latest Caselaw 5975 Cal

O6.09.2023                  IN THE HIGH COURT AT CALCUTTA
Ct. no.654                  CIVIL APPELLATE JURISDICTION
Sl. Nos.222                         APPELLATE SIDE
  and 223
    KB                                ,,




                                    F.M.A. 119 of 2023
                                          with
                                   IA No.CAN 1 of 2023
                                          with
                                   IA No.CAN 2 of 2023
                                          with
                                   IA No.CAN 3 of 2023
                            The New India Insurance Co. Ltd.
                                           Vs.
                                 Kamal Chakraborty & Ors.
                                           with
                                       COT 4 of 2023
                                 Kamal Chakraborty & Ors.
                                            Vs.
                             The New India Insurance Co. Ltd.

              ,,




                    Mr. Rajesh Singh
                                ... For the appellant-insurance co.

                     Mr. Jayanta Kumar Mandal
                     Mr. R. N. Basu
                                 ... For the respondent nos. 1 & 2-

claimants.

Mr. Debashis Saha Mr. Debashis Giri ... For the respondent no.3.

In Re : IA No.CAN 1 of 2023

Inadvertent typographical error has crept into order

dated 31st January, 2023 at page 2 mentioning the CAN

Number as "CAN 2 of 2023" instead of "CAN 1 of 2023".

The number of the CAN application for stay be read

in the aforesaid order as "CAN 1 of 2023" instead of "CAN

2 of 2023".

The other portion of the said order remain unaltered.

This is an application for stay of operation of the

impugned judgment and award.

By order dated 31st January, 2023, the interim order

of stay was granted on condition to deposit the entire

awarded sum together with interest.

Mr. Rajesh Singh, learned advocate for the appellant-

insurance company submits that in terms of the aforesaid

order the insurance company has already deposited the

awarded sum together with interest. He seeks for making

the order of stay absolute till the disposal of the appeal.

The office report dated 27th February, 2023 shows

deposit of Rs.1,43,26,261/- before the Registry of this

Court vide OD Challan No. 3766 dated 13th February,

2023. Since the insurance company has complied the

order of this Court, the interim order of stay granted vide

order dated 31st January, 2023 is made absolute till the

disposal of the appeal.

CAN 1 of 2023 stands thus disposed of.

In Re: FMA 119 of 2023.

Mr. Rajesh Singh, learned advocate for appellant-

insurance company seeks accommodation.

Let the matter appear on 11th October, 2023.

             <                     (Bivas Pattanayak, J.)