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2025 DAILYLAW 25307 (GAU)

NEW INDIA ASSURANCE CO. LTD. v. SABITA PATAR HAZARIKA AND 3 ORS. H

I.A.(Civil)/3833/2024 · 2025-10-31

Budi Habung

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010251932024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3833/2024 NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL OFFICE AT G.S ROAD, BHANGAGARH, GUWAHATI 5, ASSAM VERSUS SABITA PATAR HAZARIKA AND 3 ORS. H - W/O LATE RATUL HAZARIKA RESIDENT OF VILLAGE KUJABORI, PS RAHA, DIST NAGAON, ASSAM 782103 Advocate for the Petitioner : MR. K K BHATTA, Advocate for the Respondent : MR. A R AGARWALA, Linked Case : I.A.(Civil)/1241/2023 NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD MUMBAI AND ONE OF THE REGIONAL OFFICE AT G.S ROAD BHANGAGARH GUWAHATI 5 ASSAM VERSUS SABITA PATAR HAZARIKA AND 3 ORS. W/O LATE RATUL HAZARIKA RESIDENT OF VILLAGE KUJABORI Page No.# 2/4 PS RAHA DIST NAGAON ASSAM 782103 2:NILUTPAL HAZARIKA S/O LATE RATUL HAZARIKA RESIDENT OF VILLAGE KUJABORI PS RAHA DIST NAGAON ASSAM 782103 3:DHRUBAJYOTI BORAH S/O LATE L. BORAH C/O PUTUL NATH RESIDENT OF VILLAGE KAMALABARI HOUSE NO. 9 PS BASISTHA DIST KAMRUP M ASSAM 781029 4:DHRUBAJYOTI BORAH S/O LATE L. BORAH RESIDENT OF VILLAGE SETALI JAMUGURI PS AND DIST NAGAON ASSAM 782142 ------------ Advocate for : MR. K K BHATTA Advocate for : MR. A R AGARWALA (R-1) appearing for SABITA PATAR HAZARIKA AND 3 ORS. Linked Case : NEW INDIA ASSURANCE CO. LTD. VERSUS SABITA PATAR HAZARIKA AND 3 ORS. E ------------ Advocate for : MR. K K BHATTA Advocate for : appearing for SABITA PATAR HAZARIKA AND 3 ORS. E Linked Case : NEW INDIA ASSURANCE CO. LTD. Page No.# 3/4 VERSUS SABITA PATAR HAZARIKA AND 3 ORS. E ------------ Advocate for : MR. K K BHATTA Advocate for : appearing for SABITA PATAR HAZARIKA AND 3 ORS. E BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 01.11.2025 Heard Mr. K. K. Bhatta, learned counsel for the applicant/appellant. It is submitted by the learned counsel for the applicant/ appellant that he has filed an I.A. (Civil) No. 1241/2023 and memo of appeal being MAC Appeal No. 4398/2023 (Filing number) wherein inadvertently the name of the father of the opposite party Nos. 3 and 4 was wrongly typed as “Late L. Borah” instead of “Lakheswar Borah“ in the cause title of both I.A. (Civil) No. 1241/2023 and the memo of appeal MAC Appeal No. 4398/2023 (Filing number) and the correct name of the father of the opposite party Nos. 3 and 4 is Lakheswar Borah and therefore prays for rectification of the same. The applicant/ appellant has also provided the correct name and address of the father of the respondent Nos. 3 and 4 in paragraph 3 of this petition. The prayer for correction of the clerical error is allowed. Accordingly, the name of the father of the respondent Nos.3 and 4 in the cause title of I.A. and MAC Appeal stands corrected as “Lakheswar Borah. The appellant applicant/ appellant may file amended cause title by giving correct name of the father of the respondent Nos. 3 and 4. Page No.# 4/4 The Registry shall do the needful. With the above direction, the I.A. stands disposed. JUDGE Comparing Assistant