New India Assurance Co. Ltd vs Ishwari Chetry And 7 Ors. F
2023 Latest Caselaw 1164 Gua

                                                               Page No.# 1/4

GAHC010052362022




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

                        Case No. : MACApp./100/2023

         NEW INDIA ASSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING
         87, MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL
         OFFICE AT GS ROAD, ULUBARI, GUWAHATI 07, ASSAM



         VERSUS

         ISHWARI CHETRY AND 7 ORS. F
         W/O LATE DURSHNA BAHADUR CHETRY PERMANENT RESIDENT OF
         MADHAVPUR, PO MADHAVPUR, DIST TINSUKIA, ASSAM

         2:MISS SUNITA CHETRY
          D/O LATE DURSHNA BAHADUR CHETRY
         PERMANENT RESIDENT OF MADHAVPUR
          PO MADHAVPUR
          DIST TINSUKIA
         ASSAM

         3:MISS NITA CHETRY
          D/O LATE DURSHNA BAHADUR CHETRY PERMANENT RESIDENT OF
         MADHAVPUR
          PO MADHAVPUR
          DIST TINSUKIA
         ASSAM

         4:MR. JEEBAN KUMAR CHETRY
          D/O LATE DURSHNA BAHADUR CHETRY PERMANENT RESIDENT OF
         MADHAVPUR
          PO MADHAVPUR
          DIST TINSUKIA
         ASSAM
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            5:SMT LAKSHMI MAYA CHETRY
             D/O LATE DURSHNA BAHADUR CHETRY PERMANENT RESIDENT OF
            MADHAVPUR
             PO MADHAVPUR
             DIST TINSUKIA
            ASSAM

            6:SRI DILIP KUMAR SINGH
             S/O LATE BISWANATH SINGH
            RESIDENT OF CHIRWAPATTY
            TINSUKIA
             DIST TINSUKIA
            ASSAM

            7:SRI RAJENDRA SAH
             S/O SRI JOGENDRA SAH

            RESIDENT OF WARD NO. 11
            CHIRWAPATTY ROAD
            TINSUKIA TOWN
            PO
            PS AND DIST TINSUKIA
            ASSAM

            8:THE UNITED INDIA INSURANCE COMPANY LIMMITED
             BARUAH BUILDING
             RANGAGORA ROAD
            TINSUKIA TOWN
             PO AND PS TINSUKIA
            ASSA

Advocate for the Petitioner   : MR. A SAIKIA

Advocate for the Respondent : MR. S CHAMARIA (R1)




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 22.03. 2023 Heard Mr. R.K. Bhatta, learned counsel for the appellant and Mr. S. Chamaria, learned counsel for the respondent Nos. 1 to 5. Also Mr. K.K. Bhatta, learned counsel for the respondent No. 8.

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This appeal has been filed under Section173 of the Motor Vehicle Act, 1988 against the judgment and award dated 07.05.2019, passed by the learned Addl. Member (FTC) No. 1, (M.A.C.T.), Margherita, Tinsukia in MAC Case No. 10/2014.

As the respondents Nos. 1 to 5 and 8 have been duly represented by their respective learned counsel, no formal notice be served upon the said respondents.

However, extra copies of the memo of appeal be furnished to the learned counsel for the respondent Nos. 1 to 5 and 8 during the course of the day.

Call for the LCR.

Issue notice to the respondent Nos. 6 and 7.

The appellant shall take steps for service of notice upon the respondent Nos. 6 and 7 by registered post with A/D as well as usual process, returnable within 6 weeks.

It is submitted by the learned counsel for the appellant that one Money Execution Case No. 01/2022 has been filed by the respondent/ claimants, which is pending in the court of learned Addl. District Judge, Margherita, Tinsukia and the date of said money execution case is fixed on 23.03.2023.

It is also submitted by the learned counsel for the appellant that branch office of the New India Assurance Company, Margherita Branch will be put under lock and key on 23.03.2023 and the leaned counsel for the appellant has produced a list of articles to be attached on 23.03.2023 by the Executing Court.

Considering the submissions of the learned counsel for the appellant, it is directed that no coercive action shall be taken against the appellant till the Page No.# 4/4

returnable date.

List the matter after 6 weeks.

JUDGE

Comparing Assistant