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Gauhati High Court
National Insurance Co. Ltd vs Smti Deep Shikha Roy Kar And 4 Ors on 5 December, 2025
Page No.# 1/5
GAHC010207432018
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./334/2022
NATIONAL INSURANCE CO. LTD
HAVING ITS REGISTERED AND HEAD OFFICE AT 3 MIDDLETON STREET,
KOLKATA 700071 AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD,
BHANGAGARH, GUWAHATI 781005
VERSUS
SMTI DEEP SHIKHA ROY KAR AND 4 ORS
W/O JAYANTA ROY KAR, REPRESENTING JAYANTA ROY KAR, R/O
LOHARPATTI, MAKUM, P.O. AND P.S. MAKUM, DIST. TINSUKIA, ASSAM,
PIN 786170
2:MRS. PRIYA SARKAR
W/O SRI PRALAY SARKAR
R/O KHAGESWAR ROAD
NEW COLONY
P.O. AND P.S. TINSUKIA
DIST. TINSUKIA
ASSAM
PIN 786125
3:NEW INDIA ASSURANCE CO. LTD.
REGIONAL OFFICE
M.S.S. PATH
BHANGAGARH
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN 781005
4:SHRI PRAKASH SHAH
S/O NANDU SHAH
Page No.# 2/5
R/O UCHAMATI DOLONGGHAT
P.O. AND P.S. DOOMDOOMA
DIST. TINSUKIA
ASSAM
PIN 786151
5:MAN BAHADUR CHETRY
S/O SHRI JIT BAHADUR CHETRY
R/O SRIPURIA
NEW COLONY
P.O. AND P.S. TINSUKIA
DIST. TINSUKIA
ASSAM
PIN 78612
Advocate for the Petitioner : MR. A J SAIKIA, MR. U K DUTTA,MR. B KASHYAP
Advocate for the Respondent : MR. K K BHATTA (R-3), MS. J BORO (r-1),MR J DAS (r-1),MR. S
DEKA (r-1),MS R DEVI (R-3),MS JONA TALUKDAR (R-3)
WITH
Case : I.A.(Civil)/1884/2022
NATIONAL INSURANCE CO. LTD
HAVING ITS REGISTERED AND HEAD OFFICE AT 3 MIDDLETON STREET
KOLKATA 700071 AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD
BHANGAGARH
GUWAHATI 781005
VERSUS
SMTI DEEP SHIKHA ROY KAR AND 4 ORS
W/O JAYANTA ROY KAR
REPRESENTING JAYANTA ROY KAR
R/O LOHARPATTI
MAKUM
P.O. AND P.S. MAKUM
DIST. TINSUKIA
ASSAM
PIN 786170
Page No.# 3/5
2:MRS. PRIYA SARKAR
W/O SRI PRALAY SARKAR
R/O KHAGESWAR ROAD
NEW COLONY
P.O. AND P.S. TINSUKIA
DIST. TINSUKIA
ASSAM
PIN 786125
3:NEW INDIA ASSURANCE CO. LTD.
REGIONAL OFFICE
M.S.S. PATH
BHANGAGARH
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN 781005
4:SHRI PRAKASH SHAH
S/O NANDU SHAH
R/O UCHAMATI DOLONGGHAT
P.O. AND P.S. DOOMDOOMA
DIST. TINSUKIA
ASSAM
PIN 786151
5:MAN BAHADUR CHETRY
S/O SHRI JIT BAHADUR CHETRY
R/O SRIPURIA
NEW COLONY
P.O. AND P.S. TINSUKIA
DIST. TINSUKIA
ASSAM
PIN 786125
------------
In
M.A.C. App. Case No. 334/2022
Advocate for : MR. A J SAIKIA
Advocate for : appearing for SMTI DEEP SHIKHA ROY KAR AND 4 ORS
Page No.# 4/5
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
05.12.2025
1. Heard Mr. S. Pegu, the learned counsel for the
appellant/applicant. Also heard Mr. S. Deka, the learned counsel for the
respondent No. 1 as well as Mr. K. Bhatta, the learned counsel appearing
for the respondent No. 3.
2. The learned counsel for the appellant/applicant has submitted
that the appellant/applicant could not take steps for issuance of notice
upon the respondent No. 2 as it has been informed that respondent No. 2
has moved out from his earlier address and the appellant/applicant is yet
to find out the new address. He, therefore, prays for some time to find out
the new address of the respondent No. 2 and take steps for issuance of
notice upon the respondent No. 2.
3. It appears from record that the impugned order has already
been stayed, by order dated 30.06.2022, passed in I.A.(Civil) No.
1884/2022 and the appell/applicant is yet to take steps for effecting
service on the respondent No. 2 in this given address.
4. Under such circumstances, the stay granted on the impugned
judgment and award by order dated 30.06.2022, is liable to be vacated.
However, one chance is hereby granted to the appellant /applicant to take
fresh steps for issuance of notice upon the respondent No. 2 by speed
post as well as by usual mode after ascertaining the proper address of the
said respondent within 7(seven) days from the date of this order,
Page No.# 5/5
returnable on 8th January, 2026.
5. List accordingly.
JUDGE
Comparing Assistant
