Fultun Bewa And ORS v. The New India Assurance Co. Ltd. & ANR

07.03.2025 Ct. No.22 pg.

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION APPELLATE SIDE FMA 908 of 2008 with IA No. CAN 3 of 2024 Fultun Bewa & Ors.

Vs.

The New India Assurance Company Ltd. & Anr.

Mr. Krishanu Banik Mr. Tathagata Banik ... For the appellants/applicants In re: CAN 3 of 2024 1.

Affidavit of service filed in Court is taken on record. 2.

In spite of service, none appears on behalf of the respondents.

3.

Learned counsel appearing on behalf of the appellants/applicants has submitted that the name of the husband of the appellant no.1 and father's name of the appellant nos.2 to 4 have been mistakenly written as Asharuddin Sk. @ Ashiruddin Sk. instead of Asiruddin Sk.

4.

It has been further submitted that the names of the appellant nos.3 and 4 have been mistakenly recorded as Sabibur Rahaman and Abdul Kader instead of Sabiul Sk. and Abdul Kadir, respectively.

5.

In support of his contention, he relied on copies of the Aadhaar Cards in respect of all the appellants.

6.

Learned counsel appearing on behalf of the appellants/applicants has also submitted before this Court that the address of the appellants was recorded in the Memorandum of Appeal as "Village - Panchamandapur Chakku Tola, Post Office - Panchamandapur, Police Station - Kaliachak, District - Malda" instead of "1 Number Colony Panchamandapur, Post Office - Panchamandapur, Kaliachak-II, District - Malda, West Bengal, Pin Code - 732207".

7.

Learned counsel appearing on behalf of the appellants has prayed that necessary corrections be allowed in the Memorandum of Appeal.

8.

Accordingly, name of the husband of the appellant no.1 and father's name of the appellant nos.2 to 4 be replaced by "Asiruddin Sk.", the names of the appellant nos.3 and 4 be replaced by "Sabiul Sk. and Abdul Kadir" and the address of all appellants be replaced by "1 Number Colony Panchamandapur, Post Office - Panchamandapur, Kaliachak-II, District - Malda, West Bengal, Pin Code - 732207" in the cause title of the Memorandum of Appeal.

9.

Department is directed to incorporate necessary corrections in the Memorandum of Appeal.

10.

Accordingly, CAN 3 of 2024 stands disposed of.

11.

All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.

12.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Bibhas Ranjan De, J.)