Citation : 2022 Latest Caselaw 3751 Gua
Judgement Date : 23 September, 2022
Page No.# 1/4
GAHC010059072017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./654/2017
SRI KAMAL RABHA
S/O LATE LUHIT RABHA, R/O VILL. PAHARKATA, P.O. and P.S. AGIA, IN THE
DIST. OF GOALPARA, WITHIN THE STATE OF ASSAM, PIN 783120
VERSUS
UNITED INDIA INSURANCE CO. LTD and 2 ORS
BONGAIGAON DIVISION, P.O. and P.S. BONGAIGAON, IN THE DIST. OF
BONGAIGAON WITHIN THE STATE OF ASSAM, PIN 783380
2:MD. BANISH ALI
S/O ABDUL JALIL MULLAH
R/O VILL. FARINGAPARA
P.O. and P.S. LAKHIPUR
IN THE DIST. OF GOALPARA
WITHIN THE STATE OF ASSAM
PIN 783129
3:MD. SAHAJ UDDIN SIKDAR
S/O AJGOR ALI SIKDAR
VILL. FARINGAPARA
P.O. and P.S. LAKHIPUR
IN THE DIST. OF GOALPARA
WITHIN THE STATE OF ASSAM
PIN 78312
Advocate for the Petitioner : MR.D DAS
Advocate for the Respondent : MD. A AHMED
Page No.# 2/4
Linked Case : MACApp./616/2017
SMTI RINA KALITA and 2 ORS
W/O LATE MADHAB KALITA
2: BHARGOB KALITA
MINOR SON OF LATE MADHAB KALITA
3: BHASHKAR KALITA
MINOR SON OF LATE MADHAB KALITA CLAIMANTS / APPELLANTS NO. 2
AND 3 ARE BEING REPRESENTED BY THE APPELLANT NO. 1 AS THEY ARE
MINOR ALL ARE RESIDING AT VILL. SANTINAGAR UNDER GOALPARA
POLICE STATION IN THE DIST. OF GOALPARA
WITHI THE STATE OF ASSAM
PIN 783001
VERSUS
UNITED INDIA INSURANCE CO. LTD and 2 ORS
BONGAIGAON DIVISION
P.O. and P.S. BONGAIGAON IN THE DIST. OF KAMRUP BONGAIGAON
WITHIN THE STATE OF ASSAM 783380
2:MD. BANISH ALI
S/O ABDUL JALIL MULLAH
R/O VILL. FARINGAPARA
P.O. and P.S. LAKHIPUR
IN THE DIST. OF GOALPARA WITHIN THE STATE OF ASSAM
PIN 783001
3:MD. SAHAJ UDDIN SIKDAR
S/O AJGOR ALI SIKDAR
VILL. FARINGAPARA
P.O. and P.S. LAKHIPUR
IN THE DIST. OF GOALPARA
WITHIN THE STATE OF ASSAM
783001
------------
Advocate for : MR.K SARMA
Advocate for : A AHMED appearing for UNITED INDIA INSURANCE CO. LTD and
2 ORS
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BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : --23.09.2022
Heard Mr. D. Das, learned counsel appearing for the appellant. Also heard Ms. C. Mozumdar, learned counsel appearing for the respondent no. 1.
Office note reveals that service is also completed upon the respondent nos. 2 but the name of learned engaged counsel for the respondent no. 2 is not shown in the cause list.
Registry is directed to do the needful to reflect the name of learned engaged counsel for the respondent no. 2 in cause list.
Learned counsel Mr. D. Das, submits that this appeal is analogous appeal arising out of the same judgment passed by the learned Member MACT, Goalpara where the respondent no. 3, has already entered appearance. Though service was not completed in respect of respondent no. 3, in the present appeal i.e MAC Appeal No. 654/2017.
Considering service of notice upon the respondent no. 3 in analogous Appeal No. MAC 616/2017, the service is deemed to have been completed in the present appeal also and as LCR is also been received.
Let the matter be listed for hearing along with MAC Appeal No. 616/2022, in the week commencing from 14.11.2022.
JUDGE Page No.# 4/4
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