Page No.# 1/3 vs The State Bank Of India And 3 Ors
2022 Latest Caselaw 2642 Gua

                                                                 Page No.# 1/3

GAHC010051532022




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : RSA/51/2022

         GAUTAM MAHANTA
         S/O TILANDRA MAHANTA
         RESIDENT OF SBI OFFICERS COLONY, NEAR PLOT NO. 35, AMBIKAGIRI
         PATH, GUWAHATI 24

         2: SRI MARAMTI BORDOLOI
          S/O LATE NABIN BORDOLOI
         RESIDENT OF SBI OFFICERS COLONY
          NEAR PLOT NO. 35
         AMBIKAGIRI PATH
          GUWAHATI 24

         3: SRI PROSENJIT SARMA
          S/O SRI DEBENDRA NATH SARMA
         RESIDENT OF SBI OFFICERS COLONY
          NEAR PLOT NO. 35
         AMBIKAGIRI PATH
          GUWAHATI 2

         VERSUS

         THE STATE BANK OF INDIA AND 3 ORS.
         SUPERVISING STAFF CO OPERATIVE HOUSING SOCIETY LIMITED, A
         SOCIETY REGISTERED UNDER THE ASSAM CO OPERATIVE SOCIETIES
         ACT, 1949, HAVING ITS REGISTERED OFFICE AT AMBIKAGIRI PATH,
         HATIGARH CHARIALI, GUWAHATI 781024, DIST KAMRUP M ASSAM AND
         REPRESENTED BY ITS CHAIRMAN AND SECRETARY JOINTLY

         2:ON THE DEATH OF DILIP KUMAR SARMAH
          HIS LEGAL HEIRS
          MRS. QUEENIE SARMA
         W/O LATE DILIP SARMA

         RESIDENT OF B1 AASHRAY APARTMENT
                                                                      Page No.# 2/3

             BAMUNIMAIDAM
             GUWAHATI 781002

            3:MRS. PRIYANKA DILIP
            W/O MR. SIDDHARTHA CHAKRAVORTY

            RESIDENT OF 42 THACKERERAY DRIVE NORTHFLEET GRAVESENT DA
            117BB UNITED KINGDOM

            4:MRS. OLENKA DILIP
            W/O MR. JITENDRA BARMAN

            RESIDENT OF B31103
            EXPERION THE HEARTSONG
            SECTOR 108
            GURUGRAM
            122017

            5:THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY
             BHANGAGARH
             KAMRUP M GUWAHATI
             REPRESENTED BY ITS CHIEF EXECUTIVE OFFICE

Advocate for the Petitioner   : MR D K NATH

Advocate for the Respondent : SC, G M D A




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                            ORDER

Date : 01-08-2022 Heard Mr. P.S. Deka, learned counsel appearing for the appellants and Mr. H. Das, learned counsel appearing for the respondent No. 1/ caveator.

This appeal has been filed under Section 173 of the Motor Vehicle Act, 1988 against the judgment and award dated 21.06.2017, passed by the learned Member, MACT, Golaghat in MAC Case No. 27/2013.

The appeal is admitted for hearing.

Page No.# 3/3

Call for the LCR.

Issue notice, returnable by four weeks.

As Mr. H. Nath, learned counsel has entered appearance and accepted notice on behalf of the respondent No. 1, no formal notice is required to be served on the said respondent.

However, extra copy of the memo of appeal be served to the learned counsel for the respondent No. 1 within three days from today.

The appellant shall take steps for service of notice upon the respondent No. 2 by registered post with A/D as well as by usual process.

Steps be taken within 7 days.

The learned counsel for the appellant submits that due to inadvertent mistake in the cause title of the memo of appeal, respondent No. 4, it should be corrected and read as respondent No. 3.

The prayer for correction is allowed.

The appellant shall correct the same by hand.

List the matter after four weeks.

JUDGE

Comparing Assistant