National Insurance Co. Ltd v. Musstt Jusna Khanam and 6 Ors

ORDER Date : 16.09.2024 Heard Mr. R. Goswami, learned counsel for the applicant. Also heard Mr. S. R. A. Naser, learned counsel for the opposite parties. This application under Order 41 Rule 19 of the Code of Civil Procedure, 1908 has been filed by the applicant National Insurance Company for readmission of MAC Appeal No. 282/2021 which was dismissed for non-prosecution on 31.10.2022. The learned counsel for the applicant has submitted that on an earlier occasion also, the MAC Appeal No. 282/2021 was dismissed for non-prosecution. However, on both the occasions when the matter was listed before the Court in the cause-list, the name of the learned counsel for the applicant was not reflected due to which the listing of the said appeal missed the notice of the applicant's counsel and, therefore, he could not remain present before the Court when the matter was called up. On the other hand, learned counsel for the opposite parties has opposed the prayer for readmission on the ground that on two occasions, the said appeal was dismissed for default and the ground Page No.# 3/4 shown by the applicant may not be treated as sufficient ground for readmitting the dismissed appeal. I have considered the submissions made by the learned counsel for the applicant as well as learned counsel for the opposite parties. On perusal of the cause-list dated 31.10.2022 which has been annexed as 'Annexure-VII' along with the application filed by the applicant, it appears that the name of one Ms. K. Deka has been shown as counsel for the appellant, however, Mr. R. Goswami, learned counsel for the appellant submits that Ms. K. Deka is not the engaged counsel for the appellant and due to which he missed to notice the listing of the MAC Appeal No. 282/2021 on the said day i.e., 31.10.2022. The grounds shown by the learned counsel for the appellant appears to be sufficient cause which had prevented the counsel for the appellant to appear before the Court when the matter was called on 31.10.2022. As the name of the engaged counsel for the appellant Mr. R. Goswami has not been shown in the cause list of 31.10.2022. In view of above, this Misc. Case is allowed and the MAC Appeal No. 282/21 which was dismissed on 31.10.2022 is directed to be readmitted for hearing. The Registry is directed to list the same after a week after readmission. The Registry is also directed to show the name of engaged counsel for the appellant, namely, Mr. R. Goswami as well as Mr. S. Page No.# 4/4 R. A. Naser and Mr. P. D. Nair for the respondent in the cause-list. This MC is disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010028902023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMC/14/2023o NATIONALoINSURANCEoCO.oLTDo AoGOVT.oOFoINDIAoUNDERTAKINGoCO.oHAVINGoITSoREGISTEREDoOFFICEo AToNO.o3oMIDDLETONoSTREET,oKOLKATAoANDoONEoOFoTHEoREGIONALo OFFICEoSITUATEDoAToG.S.oROAD,oBHANGAGARH,oGUWAHATIo781005 VERSUSo MUSSTToJUSNAoKHANAMoando6oORSo W/OoLT.oSHAHABoUDDINoRESIDANToOFoVILLAGEoDURARA,oPoOo KANAIBAZARoPSoPATHARKANDIoDISToKARIMGANJoASSAMoPINo788724 2:MDoMAHMADULoHASAN oSONoOFoLATEoSHAHABoUDDIN 3:MDoABDULLAoALoAHASAN oSONoOFoLATEoSHAHABoUDDIN 4:MUSSTToMAHMUDAoBEGUM oD/OoLATEoSHAHABoUDDIN 5:MUSSTToMASHUDAoNURI oD/OoLT.oSHAHABoUDDIN 6:MDoNASIRoUDDIN oSOoLToSAMSULoISLAMoANDoBROTHERoOFoLToSHAHABoUDDINo ALLoTHEoRESPONDENToNOo1TOo6oAREoRESIDENToOFoVILLAGEoDUGARAo POoKANAIBAZARoPSoPATHARKANDIoDISToKARIMGANJoASSAMoPINo788724 7:MDoJAHURULoISLAM oS/OoMDoSADoUDDINo R/OoVILLoNALBARIo POoANDoPSoPATHERKANDIoDISToKARIMGANJoPINo788724(OWNERoOFo VEHICLEoNOoASo10-5995o Page No.# 2/4 Advocate for the Petitioner : MR. R GOSWAMI, MS. M SAIKIA,MS. P BORTHAKUR Advocate for the Respondent : MR. P D NAIR, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA