Gauhati High Court
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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
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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 : 03-08-2022
Heard Mr. P.S. Deka, learned counsel appearing for the appellants and Mr. H.
Das, learned counsel appearing for the respondent No. 1/ caveator.
The learned counsel for the appellants, Mr. P.S. Deka, submits that there are
some inadvertent typographical errors crept in the order dated 01.08.2022,
passed in RSA No. 51/2022, which needs to be corrected.
Therefore, he submits that in paragraph 2 of the said order dated
01.08.2022, passed in RSA No. 51/2022, it has been wrongly inserted in the
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said order, which are not related to the RSA No. 51/2022.
He has also submitted that paragraph 3 of the said order dated 01.08.2022,
passed in RSA No. 51/2022 was an inadvertent mistake, the same need to be
rectified.
The learned counsel for the respondent No. 1/ caveator has made no
objection for correction of the said inadvertent mistakes.
On perusal of the records and the order dated 01.08.2022, passed in RSA
No. 51/2022, his prayer is allowed.
In view of the above, paragaraph Nos. 2 and 3 i.e. the words, "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. and
the words, "The appeal is admitted for hearing." are hereby dropped from
the order dated 01.08.2022, passed in RSA No. 51 of 2022.
Mr. P.S. Deka, learned counsel for the appellants further submits that in the
said order in paragraph No. 8, the words "the respondent No. 2" shall be read
as "the respondent Nos. 2(a), 2(b), 2(c) and 3 " instead of the words, " the
respondent No. 2" in the order dated 01.08.2022, passed in RSA No. 51/
2022. Prayer is allowed.
The order dated 01.08.2022, passed in RSA No. 51/2022 stands corrected
accordingly.
This order shall be read together with the order dated 01.08.2022, passed in
RSA No. 51/2022 and shall remain as a part of the said order dated 01.08.2022.
The other contentions of the order dated 01.08.2022, passed in RSA No. 51
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of 2022 shall remain intact.
JUDGE
Comparing Assistant
