Gauhati High Court
National Insurance Co. Ltd vs Musstt. Mina Begum And 2 Ors on 13 June, 2022
Page No.# 1/3
GAHC010085362020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : FAO/22/2020
NATIONAL INSURANCE CO. LTD
A COMPANY REGISTERED AND INCORPATED
UNDER THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT 3,
MIDDLETON STREET, KALKATA AND
ONE OF ITS REGIONAL OFFICE AT G.S. ROAD,
BHANGAGARH, GUWAHATI,
REPRESENTED BY ITS REGIONAL MANAGER, GUWAHATI, ASSAM.
VERSUS
MUSSTT. MINA BEGUM and 2 ORS
W/O LATE SIRAJUDDIN AHMED,
R/O ANUPAM PATH, HATIGAON,
P.S DISPUR, GUWAHATI, DIST. KAMRUP, ASSAM.
2:MRS. MALLIKA KALITA
W/O MR. ANIL MAZUMDAR
R/O RAJGARH LINK ROAD
GUWAHATI-7
3:MD. NUR HUSSAIN ALI
S/O LATE HABIBUL ALI
BARSHULA
BARPETA
P.S. SARTHEBARI
DIST. BARPETA
Advocate for the Petitioner : MR. B C DAS
Advocate for the Respondent : MR. H K SHARMA
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BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 13-06-2022
Heard Ms. S Roy, learned counsel for the appellant and Mr.
D.K. Sarmah, learned counsel for the claimant/respondent No.1.
This appeal is filed under the provision of Order XLIII Rule
1(d) of the CPC challenging the order dated 09.01.2012 passed in
MAC Case No.1407/2008, thereby rejecting the prayer to set-aside the
ex-parte judgment and award dated 26.04.2011 passed by the Court
of the Additional District & Sessions Judge, FTC No.2, Kamrup (M) at
Guwahati.
I have perused the impugned order dated 09.01.2012 which
shows that on the ground that the notices were properly served upon
the opposite party, the Court below had rejected the application filed
under Order IX Rule 13 CPC.
Ms. Roy, learned counsel for the appellant herein draws the
attention of this court to the claim petition, wherein the appellant's
address has been shown as Bimal Auto Agency, Chandmari, Guwahati,
whereas the said appellant Company does not have an office there
and its regional office is at G.S. Road, Bhangagarh, Guwahati-781005.
The learned counsel for the Respondent No.1, however, does
not dispute the said aspect of the matter.
Consequently, this Court therefore is of the opinion that the
service meted out in respect to the opposite party No.1, the appellant
herein, was not in accordance with law and as such, the order dated
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09.01.2012 is set-aside and quashed.
Further taking into consideration that the service was not
meted upon the appellant in the proper address, this Court also sets-
aside the impugned ex-parte judgment and award dated 26.04.2011
passed in MAC Case No.1407/2008.
Consequent to the setting aside of the judgment and award
dated 26.04.2011, the MAC Case No.1407/2008 is restored to file and
the Court of the Additional District & Sessions Judge, FTC, No.2,
Kamrup (M) Guwahati is directed to proceed with the adjudication of
the said MAC case No.1407/2008 in accordance with law.
The parties are directed to appear before the Court below on
04.07.2022, on which date the appellant i/e., the National Insurance
Co. Ltd shall file their written statement without fail on the said date.
Taking into account that the said claim proceedings have
been pending since 2008, this Court therefore directs the Court of the
Additional District & Sessions Judge, FTC No.2, Kamrup (M), Guwahati
to dispose of the said claim proceedings as expeditiously as possible
and preferably within a period of 6 (six) months from the date of
appearance of the parties before the Court.
The statutory deposit of Rs.25,000/- as deposited by the
appellant before the registry of this Court may be refunded to the
appellant on production of a certified copy of this Court.
The appeal stands allowed.
JUDGE
Comparing Assistant
