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2025 DAILYLAW 23995 (GAU)

SMTI BHARATI DAS AND 2 ORS v. THE REGIONAL MANAGER UNITED INDIA INSURANCE CO. LTD. AND 2 ORS

MC/7/2022 · 2025-10-31

Budi Habung

body2025

Judgment text

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Page No.# 1/3 GAHC010237872022 2025:GAU-AS:14758 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/7/2022 SMTI BHARATI DAS AND 2 ORS W/O- LATE BIREN DAS, R/O- RAMPUR, P.O- RAMPUR, P.S- PALASHBARI, DIST- KAMRUP (R) 2: DULUMONI DAS D/O- BIREN DAS @ BIREN CH DAS R/O- RAMPUR P.O- RAMPUR P.S- PALASHBARI DIST- KAMRUP ASSAM 3: SONMONI DAS S/O- LATE BIREN DAS @ BIREN CH DAS R/O- RAMPUR P.O- RAMPUR P.S- PALASHBARI DIST- KAMRUP ASSA VERSUS THE REGIONAL MANAGER UNITED INDIA INSURANCE CO. LTD. AND 2 ORS UNITED INDIA INSURANCE LTD, GUWAHATI, DIST- KAMRUP (M), ASSAM 2:LILABATI MAHANTA W/O- MAHESH CH MAHANTA VILL- RAMPUR P.S- PALASHBARI DIST- KAMRUP ASSAM 3:KARNAMONI MAHANTA Page No.# 2/3 S/O- MAHESH CH MAHANTA VILL- RAMPUR P.S- PALASHBARI DIST- KAMRUP ASSA Advocate for the Petitioner : MS R KALITA, Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER 01.11.2025 Heard Ms. R. Kalita, learned counsel for the petitioner. 2. This application has been filed by the petitioner seeking for restoration of I.A.(C) No. 3784/2019, which was dismissed for non-appearance by this Court vide order dated 20.10.2022. 3. Ms. Kalita, learned counsel for the petitioner, has submitted that on 20.10.2022, when the matter was listed, she could not appear due to illness and had engaged her junior to appear on her behalf. However, her junior was engaged in another Court at the relevant time, as a result of which the petitioner remained unrepresented, leading to the dismissal of I.A.(C) No. 3784/2019 for non-appearance. 4. She further submitted that her absence was neither deliberate nor intentional, and the petitioner would suffer irreparable loss, if the condonation application is not restored to file. Therefore, she prays for restoration of the condonation petition. Page No.# 3/3 5. Upon considering the grounds stated in the application and submissions made by the learned counsel for the petitioner, the prayer is allowed. The condonation petition, being I.A.(C) No. 3784/2019, is hereby restored to its original file and number. 6. In terms of the above, this petition stands allowed and disposed of. JUDGE Comparing Assistant