Bajaj Allianz General Insurance Co. Ltd vs Smt. Santa Dey & Ors on 30 March, 2017

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Calcutta High Court (Appellete Side)

Bajaj Allianz General Insurance Co. Ltd vs Smt. Santa Dey & Ors on 30 March, 2017

Bench: Dipankar Datta

                                                           1

              30.03.2017                               CAN 3985 of 2011
              AJ. SL.47                                      with
dt. 07.3.17                                 C.A.N. 3986 of 2011
                                                                     with
                                                                C.A.N. 6516 of 16
                                                                          in
                                                               F.M.A. 1411 of 2011

                                             Bajaj Allianz General Insurance Co. Ltd.
                                                             -Vs-
                                                        Smt. Santa Dey & Ors.

                                     Mr. Rajesh Singh.
                                               .....for the appellant/applicant.
                                     Mr. Jayanta Kumar Mandal.
                                               ......for the claimants/respondents.

C.A.N. 3985 of 2011 is a mistaken application under Section 5 of the Limitation Act seeking condonation of delay in presentation of F.M.A.T. No. 395 of 2011. The report of the additional stamp reporter dated 28th April, 2011 shows that the appeal is in time.

In that view of the matter, C.A.N. 3985 of 2011 stands dismissed as infructuous.

In view of the deposit of the sum awarded by the tribunal in compliance with the order dated 7th July, 2011 passed by a co-ordinate Bench of this Court, the stay order shall remain operative till disposal of the appeal. The application for stay (C.A.N. 3986 of 2011) stands disposed of.

Office note dated 24th September, 2012 reveals that upon examination of the lower court records, the same were found complete. However, it does not appear that notice of arrival of the lower court records was served on Mr. Singh, learned advocate for the appellant.

The appellant shall prepare and file requisite numbers of paper books, typewritten, printed or cyclostled, within four weeks from date. In such paper books the memorandum of cross-objection, C.O.T. No.23 of 2011, shall be included.

It is recorded that copy of the memorandum of cross-objection has already been served on Mr. Singh.

In default of filing of paper books within the period mentioned above, put up the appeal for "Final Order" on 4th May, 2017. If the paper books are filed within time, parties are given liberty to mention the appeal for hearing.

Urgent photostat certified copy of this Order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

( Dipankar Datta, J. ) ( Sahidullah Munshi, J. )

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Calcutta High Court (Appellete Side)