Kanika Debnath vs Union Of India
2023 Latest Caselaw 6448 Cal

22.09.2023
 Ct. 654
  D/L 7
   ab

                        IN THE HIGH COURT AT CALCUTTA
                         CIVIL APPELLATE JURISDICTION
                               APPELLATE SIDE

                                   FMA 2 of 2022

                                   Kanika Debnath
                                        -Vs-
                                    Union of India


             Mr. Jayanta Banerjee,
             Mr. Sandip Bandyopadhyay,
             Mr. Argha Batttacharya
                                    ... for the appellant-claimant

             Mr. Sukanta Ghosh
                                                 ... for the Union of India



                   This matter is appearing under the heading "For

             Orders".

                   This appeal is preferred against the judgment and

             award dated 25th October, 2021 passed by the learned

             Railway       Tribunal,   Kolkata    Bench,     Kolkata     in

             OA(IIU)/KOl/2017/0359 under Sections 124A and 125

             of the Railways Act, 1989.

                   As per report of the Additional Stamp Reporter

             dated 3rd December, 2021, the appeal is preferred

             within the statutory period of limitation.

                   Accordingly, the appeal is formally admitted and

             registered.
                              2




      Let the lower court records be called for.

      Mr. Jayanta Banerjee, learned advocate for the

appellant-claimant submits that his client is willing to

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 a week

from date.

      Department concerned is directed to take effective

steps for bringing the lower court records from the

learned Tribunal within a week 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 as well as the respondent-Union of India within

a period of two weeks of such arrival.

Since the respondent-Union of India has entered

appearance, service of notice of appeal upon the said

respondent stands dispensed with.

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

( Bivas Pattanayak, J.)