Cholamandalam Ms. General Insurance ... vs Tilottama Mandal & Ors
2024 Latest Caselaw 5111 Cal

Calcutta High Court (Appellete Side)

Cholamandalam Ms. General Insurance ... vs Tilottama Mandal & Ors on 3 October, 2024

03.10.2024
Ct. No.33
Sl. No.24
 cm                                 FMA 1152 of 2024
                                    CAN 1 of 2024
                                    CAN 2 of 2024

                      Cholamandalam Ms. General Insurance Co. Ltd
                                       Vs.
                            Tilottama Mandal & Ors.

                           Mr. Soumalya Ganguli
                           ... for the appellant/insurance company



                    The learned advocate for the appellant/insurance

             is present.

                    None appeared for the respondents/claimants.

Perused the report filed by the Stamp Reporter

dated 7.08.2024. From the report it reveals that the

appeal is in time.

The application being CAN 1 of 2024 is disposed

of.

The Department is directed to register the appeal.

Call for the trial court records.

Re: CAN 2 of 2024

The learned advocate for the appellant/insurance

company submits to have deposited the statutory

amount of Rs. 25,000/- vide challan No. 1308 dated 7 th

August, 2024. Let the said challan be kept on record.

The learned advocate for the appellant has filed

CAN 2 of 2024 with a prayer to deposit a sum of

Rs.6,94,000/- along with interest to be calculated @ 6 %

per annum before the office of the learned Registrar

General, High Court at Calcutta with a deduction of Rs.

25,000/- which has been the statutory amount

deposited at the time of institution of the instant appeal.

The appellant is granted two weeks after vacation

time period to deposit the aforesaid amount before the

office of the learned Registrar General, High Court at

Calcutta.

The Registrar General, High Court at Calcutta is

directed to deposit the said amount in a Nationalized

Bank in an auto renewable fixed deposit for a temporary

period till the disposal of the instant appeal.

Next date be fixed on 18th December, 2024.

The interim stay of the impugned judgment and

order dated 24th April, 2024 passed by the learned Judge,

Motor Accident Claims Tribunal cum Additional District

Judge, Fast Track 3rd Court, Malda in M.A.C. Case No.

267 of 2019 be stayed till further orders of the instant

appeal .

The learned advocate for the appellant/insurance

company is directed to serve copy of the memo of appeal

and notice upon the respondents and file affidavit of

service on the next date of hearing.

Copy of the order be communicated to the office of

the learned Registrar General, High Court at Calcutta for

information and necessary action.

(Ananya Bandyopadhyay, J.)