IN THE COURT OF ……………………………..ADDL D.J. DAIMONDHARBER …………………………..

24 PARGANAS
EX. CASE NO-………………………./2021
(ARISING OUT OF MAC CASE NO…………………/………………..)
…………………………..
VS
………………………………..

THE JDR. MOST RESPECTFULLY SHEWETH:--

1. That the Claimant filed the MAC case no-…………………….against the O.P. no-1 and O.P. no-2
/Insurance co. praying for compensation of Rs…………………………………………..before the Ld.
Court.
2. That the O.P.no-2 appeared in the above case and filed written statement on their behalf.
3. That after hearing both the parities the Ld. Court has been pleased to pass an order on
20.02.2021 directing the O.P. no-2 / Insurance Co . to pay the Compensation of
Rs…………………………………………………
4. That the O.P. no-2 / Insurance Co . intend to file Appeal before the Hon’ble High Court
Kolkata and accordingly on 26.02.2021 the O.P. no-2 / Insurance Co .through their Advocate
applied for Certified copy of the Order dated 20.02.2021 which has not yet been received
from the Court .
5. That surprisingly the O.P. no-2 / Insurance Co . got the above Execution notice from the Ld.
Court along with order of Bank attachment to satisfy the order within 05.03.2021 .
6. That after receiving the Notice of Execution Case , the O.P. no-2 / Insurance Co through their
Advocate search the Court and on perusal of the record it appears that above Execution case
has been filed on 31.03.2021 and order of attachment has been passed without service of
notice of execution case.
7. That it is to be stated here that though the O.P. no-2 / Insurance Co .through their
Advocate applied for Certified copy of the Order on 26.02.2021 but the same has not yet
been received from the Court and without the for Certified copy of the Order dated
20.02.2021 the O.P. no-2 / Insurance Co. could not contact with the Ld. Lawyer to file the
Appeal before the Hon’ble High Court Kolkata against the order dated 20.02.2021 passed
by the Ld. Court .
8. That in view of the above facts and circumstances an opportunity is required to be given to
the O.P.no-2/ Insurance Co. to file the Appeal before the Hon’ble High Court Kolkata
against the order dated 20.02.2021 passed by the Ld. Court after getting the Certified copy
 of the Order from the Ld. Court and in the mean time the order of Bank Attachment is
required to be Kept in abience , otherwise the O.P. no-2 / Insurance Co. will suffer
irreparably.

It is accordingly prayed that Your Honour may be pleased to pass

necessary order upon the above facts and circumstances to give
opportunity to the O.P.no-2/ Insurance Co. to file the Appeal
before the Hon’ble High Court Kolkata against the order dated
20.02.2021 passed by the Ld. Court after the order of Bank
Attachment be Kept in abience , or any other order or orders as to
Your Honour may deem fit and proper.
And for which the act of kind…………………………………………………………..

Affidavit
IN THE COURT OF ……………………………..ADDL D.J. DAIMONDHARBER …………………………..24 PARGANAS
EX. CASE NO-………………………./2021
(ARISING OUT OF MAC CASE NO…………………/………………..)
…………………………..
VS
………………………………..

THE JDR. MOST RESPECTFULLY SHEWETH:--

That the Claimant filed the MAC case no-…………………….against the O.P. no-1 and O.P. no-2
/Insurance co. praying for compensation of Rs…………………………………………..before the Ld. Court.
That after hearing both the parities the Ld. Court has been pleased to pass an order on 20.02.2021
directing the O.P. no-2 / Insurance Co . to pay the Compensation of
Rs…………………………………………………

That it is to be stated here that though the O.P. no-2 / Insurance Co .through their Advocate
applied for Certified copy of the Order on 26.02.2021 but the same has not yet been received from
the Court and without the for Certified copy of the Order dated 20.02.2021 the O.P. no-2 /
Insurance Co. could not contact with the Ld. Lawyer to file the Appeal before the Hon’ble High Court
Kolkata against the order dated 20.02.2021 passed by the Ld. Court .

That accordingly the O.P.no-2/ Insurance Co. to file a Petition before the Ld. Court
on……………………………seeking permission or an opportunity to file the Appeal before the Hon’ble
High Court Kolkata against the order dated 20.02.2021 passed by the Ld. Court after getting the
Certified copy of the Order from the Ld. Court and in the mean time the order of Bank Attachment is
required to be Kept in abience .
That in view of above circumstances further operation of the order in above execution case dated
passed by the Ld. Court on………………………………………………is required to be stayed otherwise the O.P.
no-2 / Insurance Co. will suffer irreparably.

It is accordingly prayed that Your Honour may be pleased to pass

necessary order to stay the further operation dated
…………………………………………. passed by the Ld. Court or any other
order or orders as to Your Honour may deem fit and proper.
And for which the act of kind…………………………………………………………..

Affidavit