High CourtsSingle Bench(2021) 11 GAU CK 0068

Abul Hussain And Anr vs United India Insurance Co. Ltd And 2 Ors

Gauhati High Court · Decided on 29 November 2021

HON’BLE JUDGES
Parthivjyoti Saikia, J
RESULT
Disposed Of
CASE NUMBER
Interlocutory Application(Civil) No. 3674 Of 2018

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Judgment

8 paragraphs · 172 words

Heard Mr. A.R. Sikdar, learned counsel for the petitioner and Mr. H. Buragohain, learned counsel for the respondent Insurance Company.

This is an application under Order 9 Rule 4 of the Code of Civil Procedure praying for restoration of MAC Appeal No. 403/2018 which was dismissed for default on 04.09.2018.

The ground taken for restoration of the appeal is that on 04.09.2018, the name of the learned counsel Mr. A.R. Sikdar is shown as Mr. A.K. Sikdar and that is why, Mr. A.R. Sikdar could not appear in the court.

Mr. Buragohain fairly submits that he has no objection, if the appeal is restored to file.

I have given my anxious consideration to the submissions made by the learned counsel for both the sides.

This court is of the opinion that the ground taken for restoration of the appeal is sufficient and accordingly, the prayer for restoration of the appeal is allowed.

MAC Appeal No. 403 shall be listed for admission hearing.

With the aforesaid direction, the interlocutory application is disposed of.