The National Insurance Co. Ltd vs Biswanath Mukherjee & Anr
2024 Latest Caselaw 4816 Cal

Calcutta High Court (Appellete Side)

The National Insurance Co. Ltd vs Biswanath Mukherjee & Anr on 18 September, 2024

18.09.2024
Ct. No.33
Sl. No.17
 cm                                 FMAT(MV) 501 of 2024
                                      CAN 1 of 2024

                                 The National Insurance Co. Ltd.
                                          Vs.
                                  Biswanath Mukherjee & Anr.

                           Ms. Sucharita Paul
                           ... for the appellant/insurance company



                  The learned advocate for the appellant/insurance

             company is appeared online.

                  None appeared for the respondents/claimants.

Perused the report filed by the Stamp Reporter dated

12.09.2024. From the report it reveals that the appeal is in

time and in form.

The Department is directed to register the appeal.

Call for the lower court records.

Re: CAN 1 of 2024

The learned advocate for the appellant/insurance

company submits to have deposited the statutory amount

of Rs. 25,000/- vide challan No. 1543 dated 4 th

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

The learned advocate for the appellant has filed

CAN 1 of 2024 with a prayer to deposit a sum of

Rs.12,09,722/- 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/insurance company 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 2nd December, 2024.

The interim stay of the impugned judgment and

order dated 23rd July, 2024 passed by the learned Judge,

M.A.C. Tribunal cum 1st Court, Barasat, North 24 Parganas

in M.A.C. Case No. 47 of 2012 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/claimants 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.)