Gauhati High Court
The National Insurance Co. Ltd vs Momi Mipun on 30 November, 2021
Page No.# 1/5
GAHC010013202018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/152/2018
THE NATIONAL INSURANCE CO. LTD.
REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA-700071
REPRESENTED BY THE ASSTT. MANAGER, GAUHATI REGIONAL OFFICE,
BHANGAGARH, GUWAHATI-781005
VERSUS
MOMI MIPUN
R/O VILL. GANDHIYA, P.O. AND P.S. MARIANI, DIST. JORHAT, ASSAM, PIN
785634
2:AKASH MIPUN
R/O VILL. GANDHIYA
P.O. AND P.S. MARIANI
DIST. JORHAT
ASSAM
PIN 785634
3:JANMONI MIPUN
R/O VILL. GANDHIYA
P.O. AND P.S. MARIANI
DIST. JORHAT
ASSAM
PIN 785634
4:MONORANJAN DAS
VILL. NO. 2
MARANGIALGAO
P.S. MARIANI
DIST. JORHAT
ASSAM
PIN 785634
Page No.# 2/5
5:LALIT PHUKAN
VILL. BALIMORANGAON
P.S. MARIANI
DIST. JORHAT
ASSAM
PIN 78563
Advocate for the Petitioner : MS. R D MOZUMDAR
Advocate for the Respondent : MR D MONDAL
Linked Case : MACApp./28/2018
THE NATIONAL INSURANCE CO. LTD.
REGISTERED HEAD OFFICE AT 3
MIDDLETON STREET
CALCUTTA-700071 REPRESENTED BY THE ASSTT. MANAGER
GAUHATI REGIONAL OFFICE
BHANGAGARH
GUWAHATI-781005
VERSUS
MOMI MIPUN
R/O VILL. GANDHIYA
P.O. AND P.S. MARIANI
DIST. JORHAT
ASSAM
PIN 785634
2:AKASH MIPUN
R/O VILL. GANDHIYA
P.O. AND P.S. MARIANI
DIST. JORHAT
ASSAM
PIN 785634
3:JANMONI MIPUN
R/O VILL. GANDHIYA
P.O. AND P.S. MARIANI
DIST. JORHAT
ASSAM
Page No.# 3/5
PIN 785634
4:MONORANJAN DAS
VILL. NO. 2
MARANGIALGAO
P.S. MARIANI
DIST. JORHAT
ASSAM
PIN 785634
5:LALIT PHUKAN
VILL. BALIMORANGAON
P.S. MARIANI
DIST. JORHAT
ASSAM
PIN 785634
------------
Advocate for : MS. R D MOZUMDAR
Advocate for : MR D MONDAL appearing for MOMI MIPUN
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
30.11.2021
The interlocutory application IA(C)No.152/2018 and the connected MAC
App.No.28/2018 has been directed to be placed before this Bench, in view of
the orders dated 15.07.2019 passed in the IA(C)No.152/2018 and in MAC
App.No.28/2018.
2. On perusal of the order dated 15.07.2019 passed in the IA(C)No.152/2018,
it is seen that the said order was made in respect of the appeal, being MAC
App.No.28/2018. However, due to the mistake committed wherein
"IA(C)No.152/2018" has been typed out in the said order, the said order has
been put in the IA(C)No.152/2018 record.
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3. As this is an unintentional mistake made, the order dated 15.07.2019
passed in IA(C)No.152/2018 shall be deemed to be an order passed in MAC
App.No.28/2018.
4. In MAC App.No.28/2018, the following order has been passed:
"Heard Ms. R.D. Mozumdar, learned counsel for the appellant and Mr. D
Mondal, learned counsel for the respondent Nos.1 to 3.
On considering the grounds for the delay, list this matter again on
09.08.2019."
5. The above order dated 15.07.2019 passed in MAC App.No.28/2018 has
again been mistakenly put in the main appeal. The delay in filing of the appeal
has already been allowed vide order dated 15.07.2019 passed in
IA(C)No.151/2018 arising out of MAC App.No.28/2018. As such, the order dated
15.07.2019 which is placed in the main appeal is recalled and the order dated
15.07.2019 passed in IA(C)No.152/2018 is made the order passed in the main
appeal.
6. In view of the above clarifications of the orders dated 15.07.2019, it is clear
that IA(C)No.152/2018, wherein a prayer for stay of the impugned judgment
and award dated 20.04.2017 has been made, has not been decided as on date.
7. IA(C)No.152/2018 and the MAC App.No.28/2018 will thus have to be
decided on merit by the appropriate Bench.
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8. List the IA(C)No.152/2018 and MAC App.No.28/2018 before the
appropriate Bench after two weeks.
JUDGE
Comparing Assistant
