Gauhati High Court
National Insurance Company Limited vs Sri Dadu Baruah @ Dudu And 3 Ors on 27 January, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/5
GAHC010167062019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MACApp./755/2022
NATIONAL INSURANCE COMPANY LIMITED
REGD OFFICE AT 3
MIDDLETON STREET
CALCUTTA 700071
REP. BY THE MANAGER
GAUHATI REGIONAL OFFICE
BHANGAGARH
GUWAHATI- 781005
VERSUS
SRI DADU BARUAH @ DUDU AND 3 ORS
S/O- LATE BONANDA BARUAH
R/O- SENSOWA HARANCHWAR GAON
P.O- HARANCHARA
P.S- TEOK
DIST- JORHAT
ASSAM
PIN- 785112
2:JAYANTA MADHAB BORAH
S/O- SRI JAGESWAR BORAH
R/O- CHAKALIBARI GAON
P.O AND P.S- TEOK
DIST- JORHAT
ASSAM
PIN- 785112
3:HARI CH SAIKIA
S/O- LATE PADMA SAIKIA
C/O- MANAS KHOUND
Page No.# 2/5
R/O- CHEROTIA GAON
P.S AND P.O- JORHAT
DIST- JORHAT
ASSAM
PIN- 785001
4:BIJIT BORTHAKUR
S/O- SIDDANANDA BORTHAKUR
R/O- HANCHARA
CHURAMONI GAON
P.O- HANCHARA
JANJHI
P.S- TEOK
DIST- JORHAT
ASSAM
PIN- 785683
------------
Advocate for : MS. R D MOZUMDAR
Advocate for : MR D MONDAL appearing for SRI DADU BARUAH @ DUDU AND
3 ORS
linked with I.A.(Civil)/3081/2022
NATIONAL INSURANCE COMPANY LIMITED
REGD OFFICE AT 3
MIDDLETON STREET
CALCUTTA 700071
REP. BY THE MANAGER
GAUHATI REGIONAL OFFICE
BHANGAGARH
GUWAHATI- 781005
VERSUS
SRI DADU BARUAH @ DUDU AND 3 ORS
S/O- LATE BONANDA BARUAH
R/O- SENSOWA HARANCHWAR GAON
P.O- HARANCHARA
P.S- TEOK
DIST- JORHAT
ASSAM
PIN- 785112
2:JAYANTA MADHAB BORAH
S/O- SRI JAGESWAR BORAH
R/O- CHAKALIBARI GAON
Page No.# 3/5
P.O AND P.S- TEOK
DIST- JORHAT
ASSAM
PIN- 785112
3:HARI CH SAIKIA
S/O- LATE PADMA SAIKIA
C/O- MANAS KHOUND
R/O- CHEROTIA GAON
P.S AND P.O- JORHAT
DIST- JORHAT
ASSAM
PIN- 785001
4:BIJIT BORTHAKUR
S/O- SIDDANANDA BORTHAKUR
R/O- HANCHARA
CHURAMONI GAON
P.O- HANCHARA
JANJHI
P.S- TEOK
DIST- JORHAT
ASSAM
PIN- 785683
------------
Advocate for : MS. R D MOZUMDAR
Advocate for : appearing for SRI DADU BARUAH @ DUDU AND 3 ORS
Linked Case : I.A.(Civil)/787/2023
SRI DADU BARUAH @ DUDU
S/O- LATE BONANDA BARUAH
R/O- SENSOWA HARANCHWAR GAON
P.O- HARANCHARA
P.S- TEOK
DIST- JORHAT
ASSAM
PIN- 785112
VERSUS
NATIONAL INSURANCE COMPANY LIMITED
REGD OFFICE AT 3
MIDDLETON STREET
CALCUTTA 700071
Page No.# 4/5
REP. BY THE MANAGER
GAUHATI REGIONAL OFFICE
BHANGAGARH
GUWAHATI- 781005
Advocate for the applicant(s): Ms. RD Mozumdar
Advocate for the respondent(s): Mr. D Mondal
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
27.01.2025
Ms. RD Mozumdar, the learned counsel appearing on behalf of the appellant
submits that the respondent No.3 may be struck off from the array of parties,
taking into account that he was the Driver and the judgment and award dated
19.01.2019 passed by the learned Tribunal has been assailed on the ground of
fraud.
2. Taking into account the said submission, the name of the respondent No.3
is struck off at the risk of the appellant.
3. The learned counsel for the appellant is directed to file a fresh memo of
parties before the Registry of this Court and the Registry on the basis of the
instant order shall make the necessary corrections in the cause-title of the
appeal and also update the same in the CIS.
4. The learned counsel for the claimant/respondent submits that 50% of the
Page No.# 5/5
awarded amount has been deposited for which an application has been filed for
release of the said amount.
5. Ms. RD Mozumdar, the learned counsel submits that the appeal has been
filed on the ground of fraud and as such, the relief may not be granted.
6. Taking into account the above, this Court is of the opinion that early
disposal of the instant appeal would be in the interest of both the parties.
Accordingly, list the matter again on 13.02.2025 at the top of the list.
7. It is seen that the LCR has not received in the instant proceedings.
8. The Registry shall also enquire as to whether the records have been
received. If not, appropriate steps be taken for requisitioning of the records so
that the same can be placed before this Court on the next date as fixed above.
JUDGE
Comparing Assistant
