The Oriental Insurance Co. Ltd vs Dolly Dey & Anr
2024 Latest Caselaw 5013 Cal

Calcutta High Court (Appellete Side)

The Oriental Insurance Co. Ltd vs Dolly Dey & Anr on 26 September, 2024

26.09.2024
Ct. No.33
Sl. No.24
 cm                                FMAT(MV) 519 of 2024
                                   CAN 1 of 2024

                             The Oriental Insurance Co. Ltd.
                                       Vs.
                               Dolly Dey & Anr.

                           Ms. Nibedita Chakraborty
                           ... for the appellant/insurance company



                  The learned advocate for the appellant/insurance

             company is present.

                  None appeared for the respondents/claimants.

The learned advocate for the appellant/insurance

company submits to have filed original certified copy of

the impugned judgment. Let the same be accepted by the

Department.

The instant appeal has been filed within 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. 1641 dated 17 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.5,38,000/- 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/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 3rd January, 2025.

The interim stay of the impugned judgment and

order dated 19th July, 2024 passed by the learned Judge,

M.A.C. Tribunal, Additional District Judge, Bench-X, City

Civil Court, Kolkata, in M.A.C. Case No. 59 of 2017 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.)