Citation : 2022 Latest Caselaw 556 Gua
Judgement Date : 17 February, 2022
Page No.# 1/4
GAHC010024792022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/326/2022
ORIENTAL INSURANCE COMPANY LIMITED
A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES
ACT, 1956 HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A 25/27
ASAF ALI ROAD, NEW DELHI-2 WITH ONE OF ITS REGIONAL OFFICE AT
G.S. ROAD, ULUBARI, GUWAHATI-7, REPRESENTED BY ITS REGIONAL
MANAGER.
VERSUS
MD MEHER ALI and 2 ORS
S/O MD. TAYEB ALI, R/O VILL. BORTOLA (KAPLABPRI), P.S. MUKALMUA,
DIST.NALBARI, ASSAM, PRESENTLY RESIDING AT GANDHIBASTI,
LALMATI, GUWAHATI-3
2:SRI KANDARPA PATHAK
S/O-SRI HARGOVINDA PATHAK
R/O VILL-BOHORI SATRA
P.O.- BOHORI HAT
P.S.- TARABARI
DIST-BARPETA
ASSAM.
3:ABANI BAISHYA
S/O SRI DAVIRAM BAISHYA
VILL. and P.O. JAGARA
P.S. and DIST. NALBARI
ASSAM
Advocate for the Petitioner : MR. R C PAUL
Advocate for the Respondent : MR A MATLEB
Page No.# 2/4
Linked Case : MACApp./840/2018
ORIENTAL INSURANCE COMPANY LIMITED
A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES
ACT
1956 HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A 25/27 ASAF
ALI ROAD
NEW DELHI-2 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD
ULUBARI
GUWAHATI-7
REPRESENTED BY ITS REGIONAL MANAGER.
VERSUS
MD MEHER ALI and 2 ORS
S/O MD. TAYEB ALI
R/O VILL. BORTOLA (KAPLABPRI)
P.S. MUKALMUA
DIST.NALBARI
ASSAM
PRESENTLY RESIDING AT GANDHIBASTI
LALMATI
GUWAHATI-3
3:ABANI BAISHYA
S/O SRI DAVIRAM BAISHYA
VILL. and P.O. JAGARA
P.S. and DIST. NALBARI
ASSAM.
------------
Advocate for : MR. R C PAUL
Advocate for : MD. A MATLIB (R appearing for MD MEHER ALI and 2 ORS
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BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 17.02.2022.
Heard Mr. R.C. Paul, learned counsel appearing for the applicant. This application has been filed praying for correction of typographical error in the order dated 18.11.2021 passed by this Court in MAC appeal No. 840/2018.
The paragraph No. 14 in page No.4 of the said judgment reads as under:-
"This Court hereby directs that the appellant to appear before the Tribunal on 15.12.2021. The claimants/respondents shall produce their witnesses for the purpose of cross-examination by the appellant Insurance Company. It is further directed that within 31.01.2022, the Tribunal shall finally disposed of the case."
It is submitted that the words "claimants/respondents" should have been "appellant/insurance company."
I have also heard Mr. R. Dhar, learned counsel appearing for the respondents/claimants, who agreed with the prayer.
The prayer for correction of typographical error stands allowed. Henceforth, the said paragraph shall be read as under:-
"This Court hereby directs that the appellant to appear before the Tribunal on 15.12.2021. The appellant/insurance company shall produce their witnesses for the purpose of cross-examination by the appellant Insurance Company. It is further directed that within 31.01.2022, the Tribunal shall finally disposed of the case."
The appellant/insurance company shall appear before the tribunal on 25.02.2022 for receiving further order(s). The appellant/Insurance company shall produce their defence witness(s) for the purpose of cross-examination Page No.# 4/4
by the claimant/respondent.
It is hereby directed that the tribunal shall endeavour to dispose of the matter within 2(two) months.
The I/A stands disposed of accordingly.
JUDGE
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