CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD v. SWAPNA PAUL @ SWAPNA RANI PAUL @ SWAPNA RANI DAS @ RINA PAUL AND ORS
I.A.(Civil)/3337/2024 · 2025-06-10
Robin Phukan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20155 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20155 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3337/2024 CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE 2ND FLOOR, NO. 2, N.S.C BOSE ROAD, CHENNAI 600001 AND ITS BRANCH OFFICE AT AASTHA PLAZA, 4TH FLOOR, OPP. TO SB DEORAH COLLEGE GS ROAD, GUWAHATI VERSUS SWAPNA PAUL @ SWAPNA RANI PAUL @ SWAPNA RANI DAS @ RINA PAUL AND ORS W/O LATE SADHAN PAUL RESIDENT OF VILLAGE AND PO BORJALENGA, PS SILCHAR, DIST CACHAR, ASSAM 788117 2:SRI SUBRAJIT PAUL S/O LATE SADHAN PAUL RESIDENT OF VILLAGE AND PO BORJALENGA PS SILCHAR DIST CACHAR ASSAM 788117 TO BE REP. BY RES. NO. 1 3:SRI BILTU PAUL S/O LATE SADHAN PAUL RESIDENT OF VILLAGE AND PO BORJALENGA PS SILCHAR DIST CACHAR ASSAM 788117 TO BE REP. BY RES. NO. 1 4:AZAD HIND TEA TRIBES YOUTH CLUB REPRESENTED BY THE PRESIDENT
Page No.# 2/3 AZAD HIND TEA TRIBES YOUTH CLUB VILLAGE AND PO DERBI T.E PS SILCHAR DIST CACHAR ASSAM 788112 5:MD. FAZRUL ISLAM LASKAR S/O MD. ALI LASKAR
RESIDENT OF VILLAGE BASKAI PO AND PS DHOLAI DIST CACHAR ASSAM 788114 6:SRI SIBU DAS S/O MAHADEV DAS RESIDENT OF KACHULUKUWA MADHAB NAGAR PO PS AND DIST NAGAON PRESENTLY RESIDENT OF VILLAGE PO AND PS GINJIYA DIST BISWANATH ASSA Advocate for the Petitioner : MR. R GOSWAMI, MS. P BORTHAKUR,MS. M SAIKIA Advocate for the Respondent : MR A B DEY (R-1,2),
BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 11.06.2025 Heard Ms. P. Borthakur, learned counsel for the applicant and also heard Mr. A.B. Dey, learned counsel for the respondent Nos.1—3. Office note dated 09.06.2025 indicates that A/D card in respect of respondent No.4 returned with illegible signature. But perusal of the said acknowledgment card indicates that one Pradip Kanu has received the said notice on 30.12.2024, but no one entered
Page No.# 3/3 appearance for the respondent No.4 today. In respect of respondent No.5 the said office note indicates that the notice returned with a report 'no such address returned to the sender'. Mr.
Dey, learned counsel for the respondent Nos.1—3 submits that the respondent No.5 never contested the MAC Case No.372/2018 before the learned Member, MACT, Cachar and as such, no notice is required to be served upon the respondent No.5 and he has no objection in the event of condonation of delay of 14 days in preferring the connected appeal. Ms. Borthakur, learned counsel for the applicant submits that the appeal could not be filed in time as because there is some delay in according approval from the head office of the applicant and the same is not intentional, rather it is circumstantial and therefore, it is contended to allow this application. Taking note of the submission of learned counsel for both the parties and also taking note of the explanation forthcoming for the delay of 14 days in preferring the connected appeal, this Court is inclined to condone the delay of 14 days. Registry to register and number the connected appeal and list the same before this Court by reflecting the name of Mr. Dey as the counsel for the respondent Nos.1—3 in the cause list, as soon as practicable. Comparing Assistant Sd/- Robin Phukan JUDGE