National Insurance Co. Ltd vs Musstt Jusna Khanam And 5 Ors
2022 Latest Caselaw 4188 Gua

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GAHC010168392017




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

                        Case No. : MACApp./282/2021

         NATIONAL INSURANCE CO. LTD
         A GOVT. OF INDIA UNDERTAKING CO. HAVING ITS REGISTERED OFFICE
         AT NO. 3 MIDDLETON STREET, KOLKATA AND ONE OF THE REGIONAL
         OFFICE SITUATED AT G.S. ROAD, BHANGAGARH, GUWAHATI 781005



         VERSUS

         MUSSTT JUSNA KHANAM and 5 ORS
         W/O LT. SHAHAB UDDIN RESIDANT OF VILLAGE DURARA, P O
         KANAIBAZAR PS PATHARKANDI DIST KARIMGANJ ASSAM PIN 788724

         2:MD MAHMADUL HASAN
          SON OF LATE SHAHAB UDDIN

         3:MD ABDULLA AL AHASAN
          SON OF LATE SHAHAB UDDIN

         4:MUSSTT MAHMUDA BEGUM
          D/O LATE SHAHAB UDDIN

         5:MUSSTT MASHUDA NURI
          D/O LT. SHAHAB UDDIN

         6:MD NASIR UDDIN
          SO LT SAMSUL ISLAM AND BROTHER OF LT SHAHAB UDDIN
         ALL THE RESPONDENT NO 1TO 6 ARE RESIDENT OF VILLAGE DUGARA
         PO KANAIBAZAR PS PATHARKANDI DIST KARIMGANJ ASSAM PIN 788724

         7:MD JAHURUL ISLAM
          S/O MD SAD UDDIN
         R/O VILL NALBARI
         PO AND PS PATHERKANDI DIST KARIMGANJ PIN 788724(OWNER OF
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            VEHICLE NO AS 10-5995

Advocate for the Petitioner   : MR.B K PURKAYASTHA

Advocate for the Respondent : MR. P D NAIR




                                        BEFORE
                  THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                   ORDER

31. 10. 2022

The present appeal was dismissed for non-prosecution by this court under its order dated 15.12.2021 and it was restored by this court under its order dated 20.09.2022 in IA (Civil) 2692/2022.

The present appeal pertains to a challenge to the judgment and award dated 30.09.2016 passed by the learned Additional District Judge, FTC & MACT, Karimganj. There was delay in preferring the appeal, which was also condoned and finally the appeal was registered in the year 2021. When the matter is called today, again none appears for the appellant. It seems that the appellant is not interested to pursue the matter. In fact, the order dated 15.12.2021 passed dismissing the appeal considering the none-appearance of the appellant on earlier two occasions that on 24.11.2021 and 29.11.2021.

In this view of the matter, this appeal is dismissed for non-prosecution.

JUDGE

Comparing Assistant