The New India Assurance Co. Ltd vs Kajal Ghosh & Ors
2024 Latest Caselaw 4852 Cal

Calcutta High Court (Appellete Side)

The New India Assurance Co. Ltd vs Kajal Ghosh & Ors on 19 September, 2024

19.09.2024
Ct. No.33
Sl. No.24
 cm                                  FMA 1180 of 2024
                                     CAN 1 of 2024

                                The New India Assurance Co. Ltd.
                                          Vs.
                                  Kajal Ghosh & Ors.

                             Mr. Sanjay Paul
                             Ms. Jaita Ghosh
                             ... for the appellant/insurance company



                     The learned advocate for the appellant/insurance

             company is present.

                     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.

Accordingly, the appeal is admitted.

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. 1553 dated 5 th

September, 2024.

The learned advocate for the appellant has filed

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

Rs.17,77,750/- 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 6th December, 2024.

The interim stay of the impugned judgment and

order dated 5th July, 2024 passed by the learned Additional

District & Sessions Judge, 1st Court, Asansol cum Judge,

M.A.C. Tribunal in M.A.C. Case No. 30 of 2018 (arising out

of M.A.C.C. No. 33/2018) 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.)