Calcutta High Court (Appellete Side)
National Insurance Co. Ltd vs Sri Abhijit Mazumder & Anr on 10 January, 2022
Author: Subhasis Dasgupta
Bench: Subhasis Dasgupta
10.01.2022
Item No.37
Ct. No.7
CHC
F.M.A.T.680 of 2021
IA NO: CAN/1/2022
(not in file)
(Via video conference)
National Insurance Co. Ltd.
Vs.
Sri Abhijit Mazumder & anr.
Mr. Sanjay Paul
...for the appellant/Insurance
Company
Mr. Sanjay Paul, learned advocate appearing for
the appellant/Insurance Company upon focussing
extreme urgency of the circumstances, proposes for
taking up the stay application, otherwise according to
appellant/Insurance Company, the very purpose of
this appeal may be frustrated.
Mr. Paul, at the very threshold submits that today
is the date fixed for Execution Case relatable to
M.A.C.C. Execution Case No.40 of 2021, arising out of
M.A.C.Case No.41 of 2016, now pending before the
learned Additional District Judge, 6th Court,
Alipore/M.A.C.C. Tribunal.
It is contended by Mr. Paul that in connection with
an injury case, huge amount has been awarded
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without duly adhering to the settled proposition of law,
and thee is fair chance of success in the appeal.
Mr. Paul, learned advocate for the
Insurance/appellant submits that the Insurance
Company has already deposited the statutory amount
before the learned Registrar General of this Court.
It is contended that unless order of stay is granted
in this case, the learned court below may proceed upon
executing the award, since the execution case has
already been started, and there is fair chance of getting
the award executed in the meantime.
It is contended by the learned advocate for the
Insurance that the learned Tribunal had
inappropriately assessed the award requiring a revisit
for just decision in this appeal.
In such context, appellant proposes for interim
stay of execution of award.
When appellant has already deposited the
statutory amount, and when there is chance of getting
the award executed by the Tribunal, let there be an
order granting interim stay of execution of award,
subject to the condition that the appellant/Insurance
Company shall deposit the awarded sum of
Rs.18,87,243.04/- with 6% interest from the date of
filing of this claim application before the Registrar
General of this Court within three (03) weeks from the
date of order. It is further clarified that upon such
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deposit being made within the period mentioned
hereinabove, the interim order of stay may be
continued till six (06) weeks. In the event of failure of
such deposit with the learned Registrar General within
a period stipulated hereinabove, the interim stay order
granted in the appeal shall automatically stand
vacated without making any further reference to the
Insurance Company.
The Registrar General is directed to invest the
deposit amount in a short term interest earning auto
renewal fixed deposit scheme in any of the nationalized
bank, which shall not be permitted to be withdrawn by
the respondents without any order of the Court.
The appellant is directed to serve copy of the CAN application upon all the respondents, and his learned advocate appearing in the court below by Speed Post with Acknowledgment Due and furnish affidavit of service on the returnable date, intimating that the matter will appear in the list five (05) weeks after. List the matter five weeks after under the same heading.
(Subhasis Dasgupta, J.)