Calcutta High Court (Appellete Side)
( Subhas Halder vs New India Assurance Co. Ltd. & Anr.) on 16 June, 2010
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya
ah (29) 16.06.2010 F. M. A. No. 341 of 2007 ( Subhas Halder -vs- New India Assurance Co. Ltd. & Anr.) Re: Application for exp. hearing being CAN 4327 of 2008.
Mrs. Sucharita Paul ... for the appellant.
Mr. Parimal Kr. Pahari ... for the Ins.Co.-respdt.
It appears that this appeal cannot be decided unless the lower court records are before this Court. We, accordingly, dispose of this application by directing the learned Advocate for the appellant to prepare eight copies of informal paper book containing all relevant papers used before the Tribunal below within one month from the date of service of notice of arrival of the lower court records. In default, the appeal will stand dismissed. The Office is directed to see that the lower court records arrive before this Court by 31st August, 2010. Since Mr. Pahari, the learned Advocate, has entered appearance on behalf of the Insurance Company, the appeal be treated as ready as regards service as we dispense with the service of notice of appeal upon the owner of the vehicle who did not contest in the Tribunal below.
The application for expeditious hearing of the appeal being CAN 4327 of 2008 is, thus, disposed of.
( Bhaskar Bhattacharya, J. ) ah ( Prabhat Kumar Dey, J. ) 2