Allowed service of notice to respondent No. 3 via dasti mode due to traced address failure; remanded for affidavit and list after three weeks.
Allowed service of notice to respondent No. 3 through dasti mode; directed filing of affidavit.
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GAHC010058522023
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./98/2023
NEW INDIA ASSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING, 87, MAHATMA GANDHI ROAD MUMBAI AND ONE OF THE REGIONAL OFFICES AT STAR CITY COMLEX, 5TH FLOOR, LACHIT NAGAR, GUWAHATI 781005, NEAR HANUMAN MANDIR.
VERSUS
SANJAY KUMAR SAH AND 2 ORS. S/O LATE RAM PRASAD SAH,
RESIDENT OF DOOM DOOMA CHOWDHURY, MARKET NO. 1. PO AND PS DOOM DOOMA, DIST TINSUKIA ASSAM 786151
2:M/S NETWORK TRAVELS
S/D/W/ OF NA 17 PALTAN BAZAR GS ROAD GUWAHATI KAMRUP M ASSAM 781007
3:SRI MANIK CH. DAS
S/O LATE K. DAS
RESIDENT OF VILLAGE WEST CHOWKIDINGHEE PO AND PS DIBRUGARH ASSAM 78600
Advocate for the Petitioner : MR. K K BHATTA, MRS L SHARMA,MR A SHARMA
Advocate for the Respondent : MR. A K GUPTA (R-1), MR. R S MISHRA (R-1)
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Linked Case : I.A.(Civil)/765/2023
NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD MUMBAI AND ONE OF THE REGIONAL OFFICES AT STAR CITY COMLEX
5TH FLOOR LACHIT NAGAR GUWAHATI 781005 NEAR HANUMAN MANDIR.
VERSUS
SANJAY KUMAR SAH AND 2 ORS. S/O LATE RAM PRASAD SAH RESIDENT OF DOOM DOOMA CHOWDHURY MARKET NO. 1. PO AND PS DOOM DOOMA DIST TINSUKIA ASSAM 786151
2:M/S NETWORK TRAVELS
S/D/W/ OF NA 17 PALTAN BAZAR GS ROAD GUWAHATI KAMRUP M ASSAM 781007
3:SRI MANIK CH. DAS
S/O LATE K. DAS
RESIDENT OF VILLAGE WEST CHOWKIDINGHEE PO AND PS DIBRUGARH ASSAM 786003 -----------Advocate for : MR. K K BHATTA Advocate for : appearing for SANJAY KUMAR SAH AND 2 ORS.
Linked Case : I.A.(Civil)/1749/2023
SANJAY KUMAR SAH S/O LATE RAM PRASAD SAH
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RESIDENT OF DOOM DOOMA CHOWDHURY MARKET NO. 1 PO AND PS DOOM DOOMA DIST TINSUKIA ASSAM 786151
VERSUS NEW INDIA ASSURANCE CO. LTD. AND 2 ORS. HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD MUMBAI AND ONE OF THE REGIONAL OFFICES AT STAR CITY COMLEX 5TH FLOOR LACHIT NAGAR GUWAHATI 781005 NEAR HANUMAN MANDIR.
2:M/S NETWORK TRAVELS PALTAN BAZAR G.S. ROAD GUWAHATI KAMRUP (M) ASSAM. 3:MANIK CH. DAS S/O LATE K. DAS RESIDENT OF VILLAGE WEST CHOWKIDINGHEE PO AND PS DIBRUGARH ASSAM 786003 -----------Advocate for : MR. A K GUPTA Advocate for : MR. K K BHATTA appearing for NEW INDIA ASSURANCE CO. LTD. AND 2 ORS.
B E F O R E
HON’BLE MRS. JUSTICE MARLI VANKUNG
ORDER
14.02.2025
Heard Mrs. L. Sharma, learned counsel for the appellant.
On perusal of the office note dated 10.02.2025, it is seen that return of A/D card upon respondent No. 2 is still awaited.
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The learned counsel for the appellant has also prayed that she may be allowed to serve notice to respondent No. 3 through dasti mode, since the office note reflects that the address of the respondent No. 3 could not be traced out.
In view of the above, the learned counsel for the appellant is allowed to take steps for service of notice to respondent No. 3 through dasti mode.
Affidavit to that effect is to be filed accordingly.
Issue reminder for LCR.
List the matter after 3 (three) weeks.
The presence of Mr. A.K. Gupta, learned counsel for the respondent No. 1 is noted.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the appellant is permitted to serve notice to respondent No. 3 through dasti mode?
New India Assurance Co. Ltd.
Sanjay Kumar Sah
M/s Network Travels
Sri Manik Ch. Das
Marli Vankung
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
