United India Insurance Company Limited vs Keka Pramanik & Anr on 7 May, 2014

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Calcutta High Court (Appellete Side)

United India Insurance Company Limited vs Keka Pramanik & Anr on 7 May, 2014

Bench: Indira Banerjee

                                                                                  1


   11.
07.05.2014.
   d.d.


                          FMAT No.219 of 2014
                                 With
                           CAN 2814 of 2014
                                 With
                           CAN 2813 of 2014


               United India Insurance Company Limited
                                   Vs.
                         Keka Pramanik & Anr.


                  Mr. Rajesh Singh
                                               .... For the Appellant.

                  Mr. Amit Ranjan Roy
                                           .... For Respondent No.1.

Re : CAN 2814 of 2014 This is an application for condonation of delay of fourteen days, as per report of the Additional Stamp Reporter, in filing the appeal.

On going through the application and after hearing learned Counsel, we are of the view that the delay of fourteen days in filing the appeal has sufficiently been explained. The delay is, therefore, condoned.

The application being CAN 2814 of 2014 is disposed of.

Let the appeal be registered and proceeded with, if the same is otherwise in form.

Re : CAN 2813 of 2014 Subject to payment of rupees four lakhs within three weeks from date to the respondent claimant through her Counsel by Bank Draft/Banker's Cheque and subject to deposit of the balance awarded amount with the Registrar General of this Court within three weeks from date, there will be stay of operation of the award under appeal till disposal of the appeal. The Executing Court shall not further proceed with the execution proceedings till the disposal of the appeal.

Lower Court Records be called for by Special Messenger at the cost of the appellant to be put in within 13th May, 2014. The Lower Court Records shall be transmitted to this Court positively within 9th June, 2014.

After arrival of Lower Court Records, the office shall examine the same and, if found complete, shall issue notice of arrival of Lower Court Records on the respective advocates-on-record for the parties. The appellant shall also make enquiries with regard to arrival of the Lower Court Records.

Liberty is granted to the appellant to prepare and file requisite number of informal paper books, printed, typewritten or cyclostyled, as the case may be, out of court within 30th June, 2014.

All formalities regarding preparation of informal paper books are dispensed with. The learned advocate for the appellant is directed to ensure that all the relevant documents are incorporated in the informal paper books.

The appeal shall be listed for hearing in the monthly list of July, 2014.

In default of compliance with any of the requisites required of the appellant, the appeal shall stand dismissed.

The application being CAN 2813 of 2014 is disposed of.

Let photostat copies of this order, duly countersigned by the Assistant Registrar (Court), be supplied to the learned Counsel for the appearing parties on usual undertakings.

( Indira Banerjee, J. ) ( Sahidullah Munshi, J. )

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Calcutta High Court (Appellete Side)