Oriental Insurance Company Limited v. Sri Tuleswar Hazarika and 4 Ors.
Gauhati HCI.A.(Civil)/1663/2019
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GAHC010049872019 THE GAUHATI HIGH COURT…
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GAHC010049872019 THE GAUHATI HIGH COURT…
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GAHC010049872019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp. 285/2019
1:ORIENTAL INSURANCE COMPANY LIMITED
A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27 ASAF ALI ROAD, NEW DELHI- 2 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD, ULUBARI, GUWAHATI-7, REP. BY ITS REGIONAL MANAGER.
VERSUS
1:SRI TULESWAR HAZARIKA AND 4 ORS.
S/O- LATE BHUGASWAR DUTTA HAZARIKA, R/O- VILL. AND P.O. KAMDEWAL, P.S. HAWAJAN, DIST.- SONITPUR, ASSAM, PIN- 784169.
2:MRS. LABANYA HAZARIKA W/O- SRI TULESWAR HAZARIKA R/O- VILL. AND P.O. KAMDEWAL P.S. HAWAJAN DIST.- SONITPUR ASSAM PIN- 784169.
3:SRI DIPAK HAZARIKA S/O- SRI TULESWAR HAZARIKA R/O- VILL. AND P.O. KAMDEWAL P.S. HAWAJAN DIST.- SONITPUR ASSAM PIN- 784169.
4:SMTI. DEBAJANI HAZARIKA D/O- SRI TULESWAR HAZARIKA R/O- VILL. AND P.O. KAMDEWAL P.S. HAWAJAN DIST.- SONITPUR
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ASSAM PIN- 784169.
5:MEGHALAYA CARBIDE CHEMICAL (P) LTD. BYRNIHAT EPIP-29/30 PLOT BYRNIHAT (NORBONG) MEGHALAYA REP. BY ITS MANAGING DISRECTOR THE OWNER OF THE VEHICLE PIN- 793101
Advocate for the Petitioner : MR. R C PAUL
Advocate for the Respondent : MR. A K DUTTA
Linked Case : I.A.(Civil) 1663/2019
1:ORIENTAL INSURANCE COMPANY LIMITED A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A-25/27 ASAF ALI ROAD NEW DELHI- 2 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD ULUBARI GUWAHATI-7 REP. BY ITS REGIONAL MANAGER.
VERSUS 1:SRI TULESWAR HAZARIKA AND 4 ORS. S/O- LATE BHUGASWAR DUTTA HAZARIKA R/O- VILL. AND P.O. KAMDEWAL P.S. HAWAJAN DIST.- SONITPUR ASSAM PIN- 784169. 2:MRS. LABANYA HAZARIKA W/O- SRI TULESWAR HAZARIKA R/O- VILL. AND P.O. KAMDEWAL P.S. HAWAJAN
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DIST.- SONITPUR ASSAM PIN- 784169. 3:SRI DIPAK HAZARIKA S/O- SRI TULESWAR HAZARIKA R/O- VILL. AND P.O. KAMDEWAL P.S. HAWAJAN DIST.- SONITPUR ASSAM PIN- 784169. 4:SMTI. DEBAJANI HAZARIKA D/O- SRI TULESWAR HAZARIKA R/O- VILL. AND P.O. KAMDEWAL P.S. HAWAJAN DIST.- SONITPUR ASSAM PIN- 784169. 5:MEGHALAYA CARBIDE CHEMICAL (P) LTD. BYRNIHAT EPIP-29/30 PLOT BYRNIHAT (NORBONG) MEGHALAYA REP. BY ITS MANAGING DISRECTOR THE OWNER OF THE VEHICLE PIN- 793101. Advocate for the Petitioner : MR. R C PAUL Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 28-01-2020
Heard Mr. R.C. Paul, learned counsel for the appellant. Also heard Mr. A.K. Dutta, learned counsel for the respondent Nos. 1(a) to 1(d). No one appears for the respondent No. 2.
Office note dated 25.09.2019 states that service report on behalf of the respondent
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No. 2 has been received back with the process server’s report stating that notice could not be served, as the respondents address was no longer available in the area and its factory closed since 10 years back.
In view of the above, the appellant shall try to obtain the correct address of the respondent No. 2 and take fresh steps for service of the same upon the respondent No. 2 by registered post with A/D and as per usual process, within four weeks.
List the matter after 4 (four) weeks.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the appellant is directed to obtain the correct address of respondent No. 2 for fresh service of notice.
Oriental Insurance Company Limited
Tuleswar HazARIKA and 4 ors.
Michael Zothankhuma
As recorded by the court registry
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