This interim order concerning an interlocutory application sought a modification of a previous order regarding notice service via newspaper publication. The court held the previous order treated as passed in the main appeal and disposed of the application.
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GAHC010089142019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 1590/2019
1:UNITED INDIA INSURANCE CO. LTD.,
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 24 WHITES ROAD, CHENNAI AND ITS REGIONAL OFFICE AT G.S. ROAD, DISPUR, GUWAHATI
VERSUS
1:GAUTAM DAS and 4 ORS,
S/O LATE GOLOK CH. DAS, R/O VILL. AZARA HIRAPARA, P.S. AZARA, GUWAHATI 781017, DIST. KAMRUP, ASSAM
2:SMTI BHOBANI DAS
W/O LATE GOLOK CHANDRA DAS
3:PANKAJ DAS
S/O LATE GOLOK CHANDRA DAS
4:MISS NIRMALI DAS
S/O LATE GOLOK CHANDRA DAS RESPONDENTS 3 and 4 BEING MINORS ARE REPRESENTED BY THEIR MOTHER RESPONDENT NO. 2 ALL ARE RESIDENTS OF VILL.AZARA HIRAPARA
P.S. AZARA GUWAHATI 781017 DIST.KAMRUP ASSAM.
5:KENDRIYA HINDI SIKSHAN MANDAL GOVT. OF INDIA E-21 KAILASH COLONY
NEW DELHI 110048 OWNER OF VEHICLE NO. DL 3C/AA-568
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Advocate for the Petitioner : MR. R GOSWAMI
Advocate for the Respondent : MR R BARUAH
Linked Case : I.A. 1548/2015
1:GAUTAM DAS and ORS
VERSUS
1:UNITED INDIA INSURANCE CO. LTD. AND ANR
Advocate for the Petitioner : MR.R GOSWAMI Advocate for the Respondent : MR.R BARUAH
BEFORE HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 15-05-2019
Heard Ms. P. Borthakur, the learned counsel for the applicant, who submits that the applicant by filing this application seeks modification/vacation/alteration of the Order dated 21.02.2019 passed by this Court in I.A. No. 1548/2015.
The learned counsel submits that the said Interlocutory Application was filed by the respondents/claimants seeking the permission of the Court to withdraw the deposited amount in the Registry of this Court. However, vide the Order dated 21.02.2019, this Court had permitted the applicant/appellant to serve notice upon the respondent No. 5 in a substituted manner by newspaper publication. The said Order according to the learned counsel should have been passed in the main appeal.
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Ms. R. Bora, the learned counsel for the respondents/claimants also agrees to the submission.
In view of above, the Order dated 21.02.2019 is not recalled but the same shall be treated as an Order passed in the main appeal.
The Interlocutory Application stands disposed of.
JUDGE
Comparing Assistant
UNITED INDIA INSURANCE CO. LTD.
GAUTAM DAS
SMTI BHOBANI DAS
KENDRIYA HINDI SIKSHAN MANDAL
NELSON SAILO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
