Shriram General Insurance Co Ltd vs Anil Ali And Anr
2022 Latest Caselaw 3208 Gua

                                                                           Page No.# 1/2

GAHC010011262016




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

                                  Case No. : MFA/68/2022

             SHRIRAM GENERAL INSURANCE CO LTD
             SHRIRAM GENERAL INSURANCE CO. LTD.
             Address - 1000-E/8, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR,
             RAJASTHAN 302022 AND HAVING A BRANCH OFFICE AT B.R. ARCADE,
             3RD FLOOR-21 JANAPATH, ULUBARI, GUWAHATI-781007



             VERSUS

             ANIL ALI and ANR
             ANIL ALI and ANR,
             Address - S/O ATAHU ALI, R/O VILL. BANBARIA, P.S. BARPETA, DIST.
             BARPETA, ASSAM.



Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent :


                                       :: BEFORE ::
                        HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                       O R D E R

24.08.2022

Heard Mr. R. Goswami, learned counsel appearing for the appellant. Also Page No.# 2/2

heard Mr. R.C. Paul, learned counsel representing respondent no.1.

Appeal is admitted for hearing upon the two substantial question of law:

1. Whether in a given case where the Judgment and Order was obtained fraudulently by the claimants by misrepresenting facts the claimants are entitled to compensation under the Employees Compensation Act, 1923?

2. Whether a Judgment vitiated by fraud is sustainable in law?

However, the appellant shall be at liberty to raise any other substantial question of law at the time of hearing.

Issue notice.

No formal notice is required to be sent to the respondent no.1 as because Mr. Paul has accepted notice on behalf of the said respondent. However, extra copy of the memo of appeal shall be provided to him.

The appellant has filed a petition under Section 5 of the Limitation Act and the notice to that case was served upon respondent no.2 by dasti. So, at this stage, no fresh notice is required to be sent to the respondent no.2. Today, none has represented said respondent no.2.

Call for the LCR.

List after 6(six) weeks along with MFA/77/2021.

JUDGE

Comparing Assistant