Oriental Ins. Co. Ltd vs Pani Mahali & Ors
2023 Latest Caselaw 6041 Cal

08.09.2023

Ct. 655
Sd. 1.                      FMAT (MV) of 475 of 2022
                                    With
                                  CAN 1 of 2022
                                  CAN 2 of 2023

                  Oriental Ins. Co. Ltd. vs. Pani Mahali     & Ors.



                     Ms. Suchariata Paul .. For the appellant.



                      The instant appeal is preferred challenging the

             impugned judgment and award dated 28.07.2022 passed

             by the learned Additional District & Sessions Judge, Fast

             Track    3rd    Court,   Sadar,   Paschim   Medinipur    cum

             Tribunal.

                     On the last occasion, it is submitted on behalf of

             the appellant, Insurance Company that it has deposited

             statutory amount of Rs.25,000/- as per provision of

             Section 173 of the Motor Vehicles Act before the Learned

             Registrar General of this Court and an order of stay may

             be granted in respect of the execution of the award.

                     It is submitted that one application has been taken

             out for condoning the delay in preferring the appeal

             challenging the impugned judgment and award passed

             by the learned Tribunal.

                     After consulting the materials on record and after

             going through the report submitted by the Stamp

             Reporter, it appears that there is no noting of the delay

             caused by the appellant in preferring the instant appeal.
                              2




      Considering the entire situation, Assistant Court

Officer of this Court is hereby directed to place the record

before the Stamp Reporter in computing the period of

limitation, if any, and submit the same by the date fixed.

      Let this matter go out of the list with liberty to

mention.

      Considering the entire scenario, the order dated

05.09.2023

passed by this Court is hereby recalled.

( Prasenjit Biswas J. )