The New India Assurance Company Ltd vs Ruksana Khatun @ Ladly Khatun And 2 Ors
2025 Latest Caselaw 4901 Gua

Gauhati High Court

The New India Assurance Company Ltd vs Ruksana Khatun @ Ladly Khatun And 2 Ors on 21 May, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                        Page No.# 1/2

GAHC010119022019




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

                          Case No. : I.A.(Civil)/1808/2019

         THE NEW INDIA ASSURANCE COMPANY LTD
         HAVING ITS REGISTERED OFFICE AT 87 M.G. ROAD, FORT, MUMBAI-
         400001 AND N.E. REGIONAL OFFICE AT G.S. ROAD, GUWAHATI-5, REP. BY
         ITS REGIONAL MANAGER, REGIONAL OFFICE, GUWAHATI. (INSURER OF
         THE VEHICLE NO. AS-12-E-7894 (BOLERO CAMPER SCDL LONG BS-3).



         VERSUS

         RUKSANA KHATUN @ LADLY KHATUN AND 2 ORS
         D/O- MD. AZIZ ALI, R/O- VILL.- BHITORSHUTI, P.O. AND P.S. TEZPUR, DIST.-
         SONITPUR, ASSAM AND PRESENTLY RESIDING AT GARUWAN PATTY, P.O.
         AND P.S. TEZPUR, DIST.- SONITPUR, ASSAM. (OWNER AND DRIVER OF
         VEHICLE NO. AS-12F-6139 (ACTIVA SCOOTER).

         2:MD. HATEM ALI
          S/O- MD. ABDUL RAHMAN
          R/O- RUPKURIA
          P.O. SOLMARA
          P.S. TEZPUR
          DIST.- SONITPUR
         ASSAM. (OWNER OF THE VEHCILE NO. AS-12-E-7894 (BOLERO CAMPER
         SCDL LONG BS-3).

         3:MD. ABDUL OHAB
          S/O- LATE ABDUL MANNAR
          R/O- VILL.- PUNIONI
          SOLMARA
          P.S. TEZPUR
          DIST.- SONITPUR
         ASSAM. (DRIVER OF THE VEHICLE NO. AS-12-E-7894 (BOLERO CAMPER
         SCDL LONG BS-3)
                                                                       Page No.# 2/2

      For the Applicant(s)         : Mr. R. Goswami, Advocate

      For the Respondent(s)        : Mr. S. Sahu, Advocate




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                     ORDER

Date : 21.05.2025

The instant application has been filed under Order XLI Rule 22 seeking leave of the Court to file the cross objection against the judgment and award dated 28.11.2016 which is assailed in MAC App.

2. It is relevant to take note of that the cross objection has been filed by the Insurance Company who is the respondent No.3. The question arises as to whether the cross objection can at all be permitted without deposit of Rs.25,000/- which is the mandate of law.

3. Mr. R. Goswami, the learned counsel submits that he would require some time to look into the same and make appropriate submission.

4. List this matter again on 09.06.2025.

JUDGE

Comparing Assistant