The United India Insurance Company Ltd v. Kago Yam

ORDER Date : 10-05-2024 Heard Mr. U. Deka, learned counsel for the applicant/appellant. None appears for the respondent/claimant despite service of notice to the Page No.# 2/2 learned counsel. By filing this application, the applicant has prayed for restoration of the MAC.App. No. 05 (AP)2023, which was dismissed for non-prosecution on

06.05.2024. Mr. U. Deka, learned counsel for the applicant/appellant submits that when the matter was listed on 06.05.2024, the learned engaged counsel was present in the Court premises, however, due to call of the nature, he could not appear. The non-appearance was unintentional rather due to circumstances as submitted above. Therefore, he prays for restoration of the MAC.App. No. 05

(AP)2023. Having considered the submission of the learned counsel for the applicant/appellant as well as the grounds taken in this present application, to be germane, I deem it appropriate to allow this application. Accordingly, the MAC.App. No. 05 (AP)2023 be restored to file. The Misc. Case stands allowed and disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC040005902024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : MC(MACApp)/1/2024 The United India Insurance Company Ltd represented by its Divisional Manager, Tezpur Division having its Divisional Office at MC Road, near Sadar Police Station, PO and PS Tezpur, Sonitpur District, Assam VERSUS Kago Yam Wife of Kago Hormin, resident of Siiro Village, PO and PS Ziro, Lower Subansiri District, Arunachal Pradesh Advocate for the Petitioner : Uttam Deka Advocate for the Respondent : BEFORE HONBLE MR. JUSTICE KARDAK ETE