Nicl v. Sarama Das & ORS

26.09.2023 Ct. 654 D/L 233 ab

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION FMA 291 of 2021 With CAN 1 of 2018(Old No. 2824 of 2018) National Insurance CO. Ltd.

-VsSarama Das & Ors.

Mr. Martanda Pratap Chakraborty ... for the appellant-insurance company Mr.

Martanda Pratap Chakraborty, learned advocate for the appellant-insurance company submits that the claimants have already withdrawn the amount of compensation awarded by the learned Tribunal in the execution proceedings being M. Execution Case No. 04 of 2019 and as such, the insurance company does not intend to proceed further with the present appeal. He files photocopy of the order passed in M. Execution Case No. 04 of 2019, which is taken on record. It is found that in M. Execution Case No. 04 of 2019, the learned Tribunal has directed the Manager of Kotak Mahindra Bank, 107A, Rash Behari Avenue Branch, Kolkata- 700 029 for disbursing the awarded amount in favour of the claimants.

In the aforesaid backdrop and considering the submissions advanced on behalf of the appellantinsurance company, the appeal being FMA 291 of 2021 is dismissed as withdrawn.

Liberty is granted to the insurance company to withdraw the statutory amount along with accrued interest.

All connected applications, if any, stand disposed of.

Interim order, if any, stands vacated.

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

( Bivas Pattanayak, J.)