Page No.# 1/5 GAHC010139912026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/46/2026 ORIENTAL INSURANCE COMPANY LIMITED A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A- 25/27, ASAF ALI ROAD, NEW DELHI110002, WITH ONE OF ITS REGIONAL OFFICE AT G. S. ROAD, ULUBARI, GUWAHATI781007, ASSAM, REPRESENTED BY ITS REGIONAL MANAGER VERSUS SMTI FOZILA KHATUN W/O LATE HABEJ UDDIN, R/O VILLAGE SATSIA, P.O. JAMADARHAT, P.S. FAKIRGANJ, DISTRICT DHUBRI, ASSAM 783330 1.2:SMTI MALEKA KHATUN W/O LATE HAIDOR ALI BOTH THE CLAIMANTS ARE RESIDING AT R/O VILL. SATSIA P.O. JAMADARHAT P.S. FAKIRGANJ DIST. DHUBRI ASSAM PIN 783330 2:MOSSTT. ASHIYA KHATUN W/O SIRAJ ALI R/O VILL. C/O BABU KUMAR DAS SARUMOTORIA DILIP HAJARI PATH P.O. DISPUR GUWAHATI 6 P.S. BHAGAGARH Page No.# 2/5 DIST. KAMRUP (M) ASSAM PIN 781006 3:JOHURUL ISLAM S/O GOFUR ALI R/O VILL. FAKIRGANJ P.O. AND P.S. FAKIRGAJ DIST. DHUBRI ASSAM PIN 78333 Advocate for the Petitioner : MR. R C PAUL, Advocate for the Respondent : MR. A F N U MOLLAH, In Case : MACApp./598/2025 (D/O) ORIENTAL INSURANCE COMPANY LIMITED REGISTERED OFFICE AT ORIENTAL HOUSE A 25/27 ASAF ALI ROAD NEW DELHI 2 REGIONAL OFFICE AT GS ROAD ULUBARI GUWAHATI 7 REPRESENTED BY ITS REGIONAL MANAGER VERSUS SMTI FOZILA KHATUN W/O LATE HABEJ UDDIN. 1.2:SMTI MALEKA KHATUN W/O LATE HAIDOR ALI BOTH THE CLAIMANTS ARE RESIDING AT R/O VILL. SATSIA P.O. JAMADARHAT P.S. FAKIRGANJ Page No.# 3/5 DIST. DHUBRI ASSAM PIN 783330 2:MOSSTT. ASHIYA KHATUN W/O SIRAJ ALI R/O VILL. C/O BABU KUMAR DAS SARUMOTORIA DILIP HAJARI PATH P.O. DISPUR GUWAHATI 6 P.S. BHAGAGARH DIST. KAMRUP (M) ASSAM PIN 781006 3:JOHURUL ISLAM S/O GOFUR ALI R/O VILL. FAKIRGANJ P.O. AND P.S. FAKIRGAJ DIST. DHUBRI ASSAM PIN 783330 ------------ Advocate for : MR RABINDRA CHANDRA PAUL Advocate for : MR. M.AHMED (R- 1.1 & 1.2) appearing for SMTI FOZILA KHATUN In Case : MACApp./598/2025 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 24.07.2026 [1] Heard Mr. R.C. Paul, the learned counsel for the applicant. Also heard Mr. M. Ahmed, the learned counsel for the respondents/claimants. [2] This application under Order 41 Rule 19 Page No.# 4/5 read with Section 151 of the Code of Civil Procedure, 1908 has been filed by the applicant/insurance company for re-admission of connected MACAppeal No. 598/2025, which was dismissed for default on 05.06.2026 due to absence of engaged counsel for the applicant, when the matter was called by the court. [3] The learned counsel for the applicant submits that since on the date when the connected appeal was dismissed, the name of the engaged counsel of the applicant was shown in the cause-list as “ Mr. Rabindra Chandra Paul” which is in fact the name of the engaged counsel, however, he submits that since in all his appearance before this court, his name is reflected in the cause-list as Mr. R.C. Paul and, therefore, he is habituated in looking for the name of Mr. R.C. Paul in the cause-list and thus, he missed his name in the cause-list. [4] The learned counsel for the respondent, Mr. M. Ahmed has vehemently opposed the prayer for re- admission on the ground that when the actual name of the engaged counsel is “Mr. Rabindra Chandra Paul, he cannot take plea that his name has not been shown in the cause-list. Hence, he submits that the counsel has shown gross negligence in going through the cause-list and not appearing before the court when the matter was called. Hence, he opposes the re-admission of the Page No.# 5/5 connected appeal. [5] I have considered the submissions made by the learned counsel for both the sides. [6] After considering the averments made in the petition, it appears that the engaged counsel for the applicant is habituated in looking for his name in the cause-list with abbreviation “Mr. R.C. Paul” instead of “Mr. Rabindra Chandra Paul”. Hence, though apparently, there is a lapse on the part of the engaged counsel for the applicant, however, same is not entirely impossible as said lapse may genuinely happen on some occasion. As such, the instant interlocutory application is allowed and the MACAppeal No. 598/2025 is re-admitted. [7] The Registry is directed to list the connected MACAppeal on 3rd August, 2026. JUDGE Comparing Assistant