Calcutta High CourtFMAT (MV)/31/2022dismissed for default

Aparna Bag And ORS v. National Ins Co Ltd And ANR

2023-09-26Hon'Ble Justice Prasenjit Biswas2 pages

26.9.2023 Ct. 655 amr Item 10 FMAT (MV) No. 31 of 2022 With CAN 1 of 2022 Aparna Bag & Ors.

-vs.- The National Insurance Co. Ltd. & Anr.

None appears on behalf of the parties on repeated calls nor any accommodation is sought for. It appears from the materials on record that the instant appeal has been preferred challenging the impugned judgment and award dated 10.08.2015 causing 1702 days' delay. It further appears from the order dated 13.01.2023 that the application praying for condonation of delay has been served upon the opposite party/insurance company despite that the company did not venture to appear before this Court to contest the same.

Moreover, the appellant has not taken steps since for a long period. So, I find that the appellants have lost its interest to proceed with the case. Accordingly, I have no option but to dismiss the case. The instant appeal is hereby dismissed for default.

Connected application, if any, is also hereby dismissed as disposed of.

(Prasenjit Biswas, J.)