New India Assurance Co Ltd v. Manirul Islam Alias Manirul Molla And ANR

18.10.2023

IN THE HIGH COURT AT CALCUTTA

Ct. no.654 CIVIL APPELLATE JURISDICTION D/L 204 ab ,, FMAT (MV) 661 of 2023 With CAN 1 of 2023 , The New India Assurance Co. Ltd.

Vs.

Manirul Islam @ Manirul Molla & Anr.

,, Mr. Rajdeep Bhattacharya ... for the appellant-insurance company Mr. Rajdeep Bhattacharya, learned advocate for the appellant-insurance company submits that already the awarded sum has been satisfied in the execution proceedings by way of attachment before the learned Tribunal within the period of 90 days and as such, the appellant-insurance company does not intend to proceed further with the present appeal. He files photocopy of the order passed in MACC Execution Case No. 92 of 2023 and the written instruction, which are taken on record. It is found from the Order No. 3 dated 5th October, 2023 passed in MACC Execution Case No. 92 of 2023 that direction has been issued to Manager, HDFC Bank, Alipore Branch for attachment of bank account of the insurance company to the extent of awarded sum of Rs.13,48,557/- by the leaned Tribunal.

In view of the above and considering the submissions advanced on behalf of the appellantinsurance company, the appeal being FMAT (MV) 661 of 2023 stands dismissed as withdrawn.

All connected applications, if any, stand disposed of.

The appellant-insurance company is granted liberty to withdraw the statutory deposit of Rs. 25,000/- along with accrued interest.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. < (Bivas Pattanayak, J.)