Calcutta High Court (Appellete Side)
The National Insurance Co. Ltd vs Smt. Chabirani Bej And Others on 29 July, 2022
S/L. 27. IN THE HIGH COURT AT CALCUTTA
July 29, 2022. CIVIL APPELLATE JURISDICTION
MNS.
FMA No. 1381 of 2021
+
CAN 1 of 2022
The National Insurance Co. Ltd.
Vs.
Smt. Chabirani Bej and others
Mr. Sanjay Paul
... for the appellant.
Affidavit-of-service filed by the appellant be
kept on record.
Despite service of notice upon them, there
is no representation on behalf of the respondents.
The application, being CAN 1 of 2022, seeking stay of the operation of impugned award is taken up for final hearing.
Learned lawyer appearing for the appellant submits that the appellant has already made the statutory deposit as well as has deposited the awarded amount of money as directed by this Court vide order dated June 23, 2022. In such context, learned lawyer submits that the interim order of stay be made absolute.
Initially the appellant deposited Rs. 25,000/- as statutory deposit as required under Section 173 of the Motor Vehicles Act, 1988. The 2 appellant deposited Rs. 10,78,925/- vide challan dated July 11, 2022 in compliance with the court's order dated June 23, 2022.
In view of the above, the interim order of stay is made absolute and the order of stay will continue till the disposal of the appeal.
The application stands disposed of. As I find from the case record, the department in compliance with the Court's order dated June 23, 2022 has already called for the Lower Court Records vide Memo No. 2087 dated July 14, 2022.
After the LCR is received, notice of arrival of LCR be served upon the learned lawyer for the appellant soon thereafter.
The appellant is directed to prepare requisite number of informal paper books - printed, typewritten or cyclostyled - out of court within two weeks thereafter and file the same in Court.
It appears that despite service of notice of appeal by speed post with A/D, there is no representation on behalf of the respondents.
I feel that for proper adjudication of the appeal, notice of appeal should be served upon 3 the respondents. Accordingly, issue notice of appeal to the respondents.
The appellant is directed to put in requisites for causing service of notice of appeal upon the respondents within fifteen days from date.
After the paper books are prepared and the notice of appeal is served upon the respondents, liberty is given to the appellant to mention the matter for listing it for hearing.
(Rabindranath Samanta, J.)