Ekbalpur Rahaman vs Ansar Ali & Ors
2023 Latest Caselaw 6430 Cal

22.09.2023
 Ct. 654
  D/L 6
   ab

                        IN THE HIGH COURT AT CALCUTTA
                         CIVIL APPELLATE JURISDICTION
                               APPELLATE SIDE

                               FMAT 1133 of 2018

                                Ekbalpur Rahaman
                                       -Vs-
                                 Ansar Ali & Ors.


             Mr. Asit Kumar Hazra
                                         ... for the appellant-claimant


                   This matter is appearing under the heading "For

             Orders".

                   This appeal is preferred against the judgment and

             award dated 30th April, 2018 passed by the learned

             Judge, Motor Accident Claims Tribunal, 7th Bench, City

             Civil Court, Calcutta in MAC Case No. 188 of 2011

             under Section 166 of the Motor Vehicles Act, 1988.

                   As per report of the Additional Stamp Reporter

             dated 8th January, 2020, 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.

                   Mr. Asit Kumar Hazra, learned advocate for the

             appellant-claimant submits that his client is willing to
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deposit the special messenger's costs for bringing the

lower court records.

       Accordingly, the appellant-claimant is directed to

deposit the special messenger's costs within two weeks

from date.

       Department concerned 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 costs.

     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 advocates for appellant-

claimant within a period of two weeks of such arrival.

       Upon receipt of the notice of arrival of lower court

records, learned Advocate for the appellant-claimant

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.

     The     appellant-claimant   is   directed   to   deposit

talabana costs together with written up notice forms for
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causing   service   of   notice   of   appeal   upon   the

respondents.

The matter to go out of list with liberty to mention.

( Bivas Pattanayak, J.)