Calcutta High Court (Appellete Side)
Sri Dilip Kumar Das @ Kalo Das vs National Insurance Company Ltd. & Anr on 16 December, 2022
16.12.2022
Court No.655
Item No.3
AP
FMAT 1056 of 2011
With
IA NO: CAN 1 of 2022
Sri Dilip Kumar Das @ Kalo Das
Vs.
National Insurance Company Ltd. & Anr.
Mr. Krishanu Banik
... For the appellant.
Mr. Afroze Alam
... For the respondent No.1.
In Re.: CAN 1 of 2022 This is an application for condonation of delay of 169 days as it appears from the endorsement of Additional Stamp Reporter on 1st September, 2011 in filing the Memorandum of Appeal.
Sufficient cause being shown for delay in preferring the appeal beyond the statutory period.
I inclined to condone the said delay of 169 days. The application for condonation of delay is thus allowed without any order as to costs.
Office is directed to register the appeal if it is otherwise in form.
CAN No. 1 of 2022 is disposed of accordingly.
Re : FMAT 1056 of 2011 Department is directed to take necessary steps for call for Lower Court Records of MAC Case No.185 of 2005 from the Learned Judge, Motor Accident Claims Tribunal, 3rd Court, Howrah.
2Learned advocate for the appellant is given liberty to prepare and file requisite number of informal paper books printed, type written or cyclostyled, as the case may be, out of Court, within three weeks from the date of service of notice of arrival of Lower Court Record on the learned advocate for the appellant.
Learned advocate for the appellant is directed to submit Talabana in Department by 20th December 2022.
In the meantime, learned advocate for the appellant is also directed to serve notice of this appeal to Sri Molay Kumar Ghosh through Speed Post with acknowledgement due and submit Service Report by 11th January 2023.
Learned advocate for the Insurance Company appeared. Service of notice upon him is hereby dispensed with.
Let this matter appear on 13th January 2023 for hearing of the appeal.
(Uday Kumar, J.)