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2024 Supreme(Online)(GAU) 4102
GAHC010164302023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./435/2023 ORIENTAL INSURANCE COMPANY LTD.
A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT GUWAHATI , GS ROAD, ULUBARI, GUWAHATI 781007 REPRESENTED BY THE DEPUTY MANAGER, GAUHATI REGIONAL OFFICE,ULUBARI, GUWAHATI 781005 VERSUS ANUP DAS AND 2 ORS.
S/O LATE ARUN KUMAR DAS, RESIDENT OF VILLAGE CHARALPARA(DENARTARY) PO SARUPETA, PS PATACHARKUCHI, DIST BARPETA, ASSAM 781318 REPERSENTED BY HIS MOTHER SMTI SONA DAS, 2:MD. JAIDUL ALAM S/O MD. NUR MAHAMMAD RESIDENT OF VILLAGE BHOGPUR PO AND PS GORESWAR DIST BAKSA BTAD ASSAM 781366
3:RAJIB DAS S/O LOHIT DAS RESIDENT OF VILLAGE JYOTINAGAR WARD NO. 1 PATHSALA TOWN PO PATHSALA PS PATACHARKUCHI DIST BARPETA ASSAM 781325
4:SONA DAS AGE 58 YEARS W/O LT. ARUN KUMAR DAS RESIDENT OF VILLAGE CHARALPARA (DENARTARY)
P.O. SARUPETA P.S PATACHARKUCHI DIST.BARPETA ASSAM PIN-78131 Advocate for the Petitioner : MS. R D MOZUMDAR Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
29.07.2024
1. Heard Ms. R.D. Mozumdar, learned counsel for the appellant.
2. On perusal of the office note, it appears that the un-served notice issued to the respondent No. 1 has been received back with the postal endorsement “insufficient address” and the un-served notice to respondent No.
3 has been received back without any postal remark.
3. The A/D Card of the notices issued to the respondent No. 2 has not yet been received.
4. The learned counsel for the appellant has submitted that Mr. N.J. Gogoi, has appeared for respondent No. 1 in connected Interlocutory Application No. 1414/2024. However, as his name has not been shown in the cause-list against the said case, perhaps he was not aware of the listing of the said case. Hence, she requests that the Registry may be directed to show the name of Mr. N.J. Gogoi, as an engaged counsel for respondent No. 1 in this case.
5. The prayer is allowed.
6. The Registry is directed to reflect the name of Mr. N.J. Gogoi, as an engaged counsel for respondent No. 1 in this case henceforth.
7. As regards respondent Nos. 2 and 3 are concerned, the learned counsel for the appellant has submitted that the appellant may be allowed to take steps for issuance of notice on the aforesaid respondents by way of dasti.
8. The prayer is allowed.
9. The appellant shall take steps accordingly within a week from the date of this order.
10. The notices are returnable on 2nd September, 2024 on the next date fixed, the appellant shall furnish an affidavit of compliance regarding service of notice through dasti mode.
11. List accordingly.
