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GAHC010181242021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2202/2021 : MACApp./105/2011 THE NEW INDIA ASSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT G.S.ROAD GUWAHATI-5 IN THE DIST. OF KAMRUP ASSAM. VERSUS NAZRUL ISLAM AND ORS S/O LATE ABDUL SAHID VILL. RONGAMATI SENCHOWA GAON P.O. and MOUZA-RONGAMATI P.S. DERGAON DIST. GOLAGHAT ASSAM.
2:PRASAD DAS S/O SRI SOMESWAR D, R/O SANTIPUR P.O. and P.S. DERGAON, DIST. GOLAGHAT ASSAM OWNER OF THE MINI TRUCK NO. AS-03/D-2737
3:SUBUDH DAS S/O SRI SOMESWAR DAS R/O SANTIPUR P.O. and P.S. DERGAON DIST. GOLAGHAT ASSAM DRIVER OF MINI TRUCK NO. AS 03/D-2737 ------------
Advocate for : MR.P P DOLEY Advocate for : appearing for NAZRUL ISLAM AND ORS BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
['P P DOLEY', '', 'JONA TALUKDAR', 'K K BHATTA', 'A AHMED', 'A PHUKAN', 'A BHARALI', 'A SARMA', 'T BAIDYA', 'MRA MAZID']
ORDER
Date : 22-06-2022 Heard Mr. I.A.Talukdar learned counsel for the appellant .
This court by order dated 17.8.2011 passed in MC No 1789 of 2011 directed the appellant Insurance Company to deposit the entire awarded amount/decretal amount within a period of 30 days and subject to which the operation of the impugned award was stayed. Subsequent to that on 6.9.2011 the Insurance Company deposited an amount of Rs.2,52,900/- by demand draft No. 307122 dated 6.9.2011 drawn at Axis Bank Ltd.
This appeal is pending since 2011 without same being admitted. Notice was issued to the respondents by this court under order dated 17.8.2011. As service was not complete this court on 12.3.2013 directed this matter to be listed before the Lawazima Court.
Thereafter the matter was taken up by the Lawazima court on 14.11.2013, on which date the appellant was directed to take fresh steps upon the respondent. Thereafter, again by order dated 1.8.2014 the appellant was directed to take fresh steps upon the respondent No.1.
While the matter was kept pending at that stage, one office note was put on 31.5.2018 i.e. after four years from passing of the order of Lawazima court dated 1.8.2014. In the meantime respondent No.1 appeared through the learned counsel. Till then none appeared for respondent Nos 2 and 3. The matter was again placed before the Lawazima Court on 1.6.2018. Though such direction was issued on 1.6.2018 no steps were taken by the appellant and accordingly an order was passed by Lawazima court on 7.9.2021 which reflects as follows:
“7.9.2021 Case taken up before the Lawazima Court.
None appears on behalf of the appellant.
Seen the previous Lawazima Court order dated 1.6.2018 , whereby the petitioner was directed to take fresh steps for issuance of notices to the respondents Nos. 2 and 3 within one week.
Also seen the office note dated 6.9.2021 and it appears that the petitioner has failed to comply the directions of the aforesaid Lawazima Court order.
Considering the conduct of the petitioner for not taking step after passing of more than 3 years since the order passed; A.O(J) of the concerning section is requested to take steps to list the matter before the Hon’ble Court.”
Thereafter also no steps have been taken. In that view of the matter this appeal is dismissed for want of steps. The amount deposited by the Insurance Company with the Registry be released to the respondent No. 1 claimant as per law alongwith the interest i.e accrued upon it.
Any statutory amount deposited before the Registry by the appellant, be refunded to the Insurance Company following due process of law.
JUDGE Comparing Assistant
