Court No 16

[00:00:02]actually lost my I have two old MS cases my matter may come up for orders I will try for the fixing the date of hearing old cases >> 31st July >> 31st July >> of July 31st July 31st >> 31st July yes for tomorrow the new member When have you filed?

[00:00:32]>> Tomorrow.

[00:00:33]>> When have you filed it?

[00:00:36]>> What urgency?

[00:00:38]>> My injection petition is rejected.

[00:00:40]>> No urgency. It will be listed in its due course.

[00:00:47]>> Fresh filing. It will otherwise also be listed within two days.

[00:00:52]When you file a case freshly, if it does not get listed within 2 days only, then you have to mention wait for regular listing.

[00:01:07]>> Okay. Friday, >> please. One pending matter regular first.

[00:01:13]This case was listed on 115 to 26 case is filed by the state government. So the matter may come in a short time because I already >> which column orders column >> order 31st July >> I'm praying for listing of LA appeal for orders because there's the contempt petition has been filed the other side council has been served on Monday appeal third lab on 29 because first week the content will come before that >> main content will come the first week it has been fixed >> we are fixing it in the on the first date or first week >> if it can be in July last date also we'll do because otherwise >> okay 31st July >> I may be you lord chief with consion of the respondent side I beg to mention Item number 41 of supplementary list lordship admission column lordship m currently a for one week lordship the conducting council opivati is presently out of east station heard Mr. P. Sharma learned council for the appeal who prays for an adjournment due to personal difficulty of the conducting council for the appellent. He submits that he has informed Lenet council for the respondent regarding his prayer for adjournment who does not have any objection to the same. Hence the prayer is allowed. Let this matter be listed after a week on a date to be fixed by registry.

[00:02:57]>> After two weeks, >> after 2 weeks on a date to be fixed by registry, >> interim order is there.

[00:03:02]>> The inter shall continue till next day.

[00:03:05]>> I like to mention an item for listing your honor. 24th MS app your since it was last listed >> which column >> year third August.

[00:03:21]>> Yes. Next please I mention it number 38 39 and 14 supplement this may be kindly for one week >> why >> last senior fell down in B and got some injuries also >> okay okay what is your name >> yes >> Mr. Sharma learned council for the petitioners who prays for an adjournment on the ground of medical emergency of the learned conducting council for the petitioner namely Mr. Considering the grounds shown the prayer is allowed, let the this matter be listed after >> after a week >> after a week on a date to be fixed by registry.

[00:04:14]>> May I to mention supplementary item number 42 admission column?

[00:04:21]>> Yes.

[00:04:23]>> Can we pass over for >> what is your name?

[00:04:27]>> Pam. I have taken the consent.

[00:04:31]>> You're for >> petitionering.

[00:04:33]>> Heard Mr. P. Lam Lauet council for the petitioner who prays for an adjunment. She submits that she has informed Det Council for the respondent regarding her prayer for adjunment.

[00:04:47]Comma who does not have any objection to the same stop. Hence the prayer is allowed. Let this matter be listed after a week. 17 August >> after two weeks on a date to be fixed by registry.

[00:05:03]>> There is a motion >> intim shall continue till next time.

[00:05:07]>> Yeah. Your lordship beg to mention an arbitration petition. uh if your lordship step had been taken as per the last order if uh the matter can be fixed on 29th of July there's an urgency because a blacklisting order has been issued against us >> first week third August >> may I request for 7th August you >> 7th August >> much lot of lot of pray for listing of NC Any any >> column >> 5th of August >> no hearing you go to registry in orders column it will be listed in on 5th of August. Yes.

[00:05:54]>> May please your lordship. Your lordship back to mention listing of three MFA in the orders column.

[00:06:00]>> Seven >> seven I'd like to back to mention for an argent posting of a matter of appeal number 39 206 >> in which column? Admission last year was admission.

[00:06:22]7th August next week >> 7th of August I would like to mention to MS appeal lordship possible on Monday long pending matter not to miss >> which column >> orders >> 5th August >> bless may it please lordship I beg to mention item number seven of admission column and item number 19 of orders column in item number 17 we are for the appellent and the other side is not there In item number 19, we are for the FLN and we have taken the consent. Lordship kindly list both the matters after two weeks.

[00:07:00]>> Item number 17, >> 7 and 19.

[00:07:03]>> Seven and 19. Heard Miss Dwami learned council for the appellent who seeks an adjournment due to personal difficulty of the conducting council for the appealant Mr. Argo Swami considering the grounds stated by the council the prayer is allowed. Let this matter this matter be listed after 2 weeks on a date to be fixed by registry.

[00:07:33]are blessed >> me please lordship lordship be mentioned for a listing of a MAC appeal number 796 of 2022 longstanding matter lordship last came up in 2022 in the orders column >> 5th of August >> 5th of This is none has appeared for the applicant on call.

[00:08:11]Applicant slash appent on call. Let this matter be listed after a week on a date to be fixed by list.

[00:08:36]Yes, >> this case was settled in the last settlements.

[00:08:46]>> No instruction.

[00:08:48]>> No instruction.

[00:08:51]I have not given any authority to settle the case.

[00:08:54]>> You take instruction.

[00:08:56]>> Take instruction. Did that place?

[00:09:04]>> No, you take instruction.

[00:09:12]>> But before the local the >> because it is presc whether is alive or not it is present.

[00:09:23]>> No those questions cannot be raised now.

[00:09:26]Nobody has said that Clementes has dead >> when the insurance company people came before the court on last and have agreed to settle the matter by paying an additional amount of three lakhs 80,000 may come after week I >> you obtain instruction you get the instruction whether matter can be said yesterday I that he doesn't till now he has done >> then you you have to call the person who appeared before local to remain personally present before the court if they take different views different stand you you call the officer who was present before last local on the he should be personally present before the call heard Mr. Mr. Araala learned council for the appeal also at Mr. KKA learned council for the respondent who submits that he does not have any instruction regarding any settlement being arrived at between the parties in the loca whether they have informed you that there is no settlement >> yesterday till now it is not finally settled there is some confusion we'll see that AP I have no objection settlement with why case was not settled.

[00:11:16]>> No case was not settled because parties were not present.

[00:11:25]>> The party was not present lordship.

[00:11:27]party was one present lordship and others have relinquished their claim lordship sisters >> all of them have to be lordship >> no mister but this is not so easy you take one stand before court on there are three or four three clament >> four claments are there >> four clament one >> and three have given no >> at the time No objection certificate now.

[00:12:05]You have refused.

[00:12:07]>> You have refused.

[00:12:08]>> No, I have no You have refused that I not accept. Yes.

[00:12:13]>> Why you refuse?

[00:12:13]>> You have refused that I accept.

[00:12:16]>> I can give you. You have refused that I not accept.

[00:12:24]>> You've refused.

[00:12:27]It appears that on the it appears from record that on line 5 2026 the deputy manager of New India Insurance Company Limited Miss Henna Halflonger was present before the court and she informed that the matter has been amicably settled at an additional amount of rupes 3 lak 80,000 stop. However, in view of the stand taken by Lenit council for the respondent Mr. KK Ba before the court today that no settlement has been arrived at between the parties. The deputy manager New India Insurance Company Limited Miss Henna Haflunga shall remain personally present before this court along with the council for the insurance company Mr. KK on the next date fix. Let this when can when she can present >> let this matter be listed Tuesday 28th of >> at 2 p.m.

[00:13:41]>> 28th of July at 2 p.m.

[00:13:46]And you also obtain instruction.

[00:13:49]>> They will personally appear also. I will be here also.

[00:13:53]Okay.

[00:13:56]>> 28th July.

[00:14:04]>> Uh my senior as per last told my senior to appear today but due to some problem he was out of station for last week. So he could not establish any contact with the insurance company to obtain the instruction.

[00:14:22]Wait after a week >> there are two in companies lordship one in company new India has already settled that the same report manager so it may can be fixed on the after tomorrow this case this case was also settled for 5050 basis there are two in companies then your party >> no Mr. Doto has to remain present.

[00:14:50]>> Yes.

[00:14:51]>> Miss Kor >> Miss Kora Lit Council for the respondent insurance company also Mr. Lit council for the appellent.

[00:15:05]Lit council for the respondent insurance for some time was taking necessary instruction regarding the settlement arrived at between the parties in this case.

[00:15:21]Let this matter be listed on 28th of July.

[00:15:33]Inadely I not I have to take fresh steps my lord I'll take today during the course of the day two and three for two and three lord one has appeared my lord >> machine is coming kindly pass over for the time >> no heard Mr. Vor lit bora lanet council for the appeal what is your name >> indas also Mr. and thus appearing for >> respondent number one.

[00:15:58]>> Respondent number one. Lenet council for the appellent submits that due to some communication gap the appellent could not take steps for issuance of notice on respondent number two and three. However, he would be taking steps today itself.

[00:16:18]Hence some time is prayed for the prayer is allowed.

[00:16:22]The appellent shall take steps for issuance of notice upon respondent number two and three by speed post as well as by usual mode within 2 days from the date of this order returnable on 28th of August.

[00:16:50]So as for last order we were required to take steps upon respondent number two you know complied with the order not gone through the office not your option insufficient address >> I take fresh steps by >> I had Mr. S Sharma learned council for the epilen also admiss what is your name >> for the respondent number one >> appearing for respondent number one learn on fusal of the office not dated 27 2026 it appears that notice issued to respondent number two has been received back with endorsement within inverted comma insufficient interest stop learn council for the appellent praise for allowing the pity appellent to take fresh steps by mentioning proper address of the respondent number two in the notice prayer is allowed the appellent shall take steps take fresh steps for issuance of notice upon respondent number two by speed post as as well as my usual work within 7 days of the date of this order returnable on 28th of August.

[00:18:21]>> I am 16 lordship as per the last order lordship in the IA. We are directed to take steps upon the respondent number four to paper publication lip. Accordingly we have taken it on 8th July 2026 but it has not came up with the record lo.

[00:18:45]>> You have filed an F. You have filed an F.

[00:18:50]>> Okay. Heard Mr. What is your name?

[00:18:52]>> N Bman for a Bacharia.

[00:18:54]>> N Bman appearing for a Bachara also heard Mr. S. Islam >> two >> one two and three.

[00:19:02]>> The learned council for respondent number one two and three. Lanet council for the appeal submits that the appellent has taken steps for issuance of notice upon respondent number four by substituted mode of paper publication and has also filed an affidian compliance there too. However, the said if it is not placed is not tagged along with the records. Hence he praised for directing the registry to do so. Stop. The registry is directed to tag the affidate filed by the appeal along with the case record and list the matter again on 14th of August 17.

[00:19:59]>> Okay.

[00:20:01]They filed I for withdrawal of the deposited no this is for direction to deposit of 50%.

[00:20:09]We file objection to this. You're not >> Is there any stay? Sorry.

[00:20:13]>> Stay is there.

[00:20:14]>> Yes, you're not there.

[00:20:17]Stay is not there. Not >> then. Why 50% is defiance?

[00:20:30]>> As for last order me, they have taken a time to find their population.

[00:20:40]Okay.

[00:20:41]Stay is there your lo >> on 5 12 25 we file objection to this the service has complete your in this case we don't have any liability that's why we filed objection to the I >> okay Mr. Bas in I council for the applicant also heard Mr. S. Sharma who submits that the insurance company would be filing an objection against the interlocator application filed by the present applicant and seeks some time for doing so in the house. Let this list >> 7th August >> 7th of August make a pin.

[00:21:40]Mr. S. Sharma learned council for the appent also Mr. BRDA learned council for respondent number 1 and two. Office note dated 27 2026 shows that the notice issued to respondent number three has been duly served.

[00:22:08]It also appears that records of the concerned Mac case have already been received. Hence this case is ready for hearing. List this matter for hearing after 4 weeks on entertain.

[00:22:26]>> Hello seven.

[00:22:41]>> Yes completed this year.

[00:22:46]So let it fix for admission hearing Mr. F Hawk learned council for the appellent also Mr. R Fukon learned council for the respondent.

[00:23:15]This appeal is ready for hearing.

[00:23:19]Hence, let this matter be listed for hearing >> after four weeks on a date to be fixed by date. 15th of October.

[00:23:37]>> Next item. Item 20 as per office noted at 18726 Lordship ED card of respond number one and three are awaited lordship we have taken first step lordship with correct address >> heard Mr. Miss M. Chadri, learned council for the appellent office note shows that the service report in respect of notices issued to respondent number one and three uh is awaited.

[00:24:14]Stop. The registry is directed to place postal track consignment report of notices sent to respondent number one and three by speed post before this court on the next date fixed let this matter be listed 17th of August >> first of l sorry item can be after four weeks after four weeks deeply item Lord may kindly see official 2726 person number four has received the notice 153 aaited >> not Mr. Tolita the learned council for the appellent on perusal of office not dated 27 2026.

[00:25:17]It appears that notice issued to respondent number four has been duly served as the HD card issued along with the notice have been received with signatures of the recipient.

[00:25:39]As regards other respondents, the service report is awaited. The registry is directed to place the postal track consignment report of notices issued to respondent number 1 2 and three by speed post before this code on the next date fix. Let this matter distend.

[00:26:01]>> Lordship, I have another submission me.

[00:26:04]There is separate IA for stay of the judgment me but the stay order is passed in MSE appeal order 6 326 and we have deposited the amount in view of that IMAB disposed of mayly see order 6326 passing MS bill.

[00:26:30]>> Okay. Let this matter be listed on 17th of August.

[00:26:36]Stop.

[00:26:41]It has been disposed of on last occasion.

[00:26:44]>> Well, I'm sorry. I'm sorry. I'm sorry.

[00:26:50]>> Hi.

[00:26:51]>> Item 22.

[00:26:56]>> May I please be lordship? Lordship.

[00:26:58]According to office note dated 2726 uh service is complete lordship uh and LCR is also received. This case may be fixed for hearing lure >> Mr. Aaral Aarala council for the appellent also >> Mr. Khan appearing for respondent number >> one and two >> one and two as well as miss P Bora on behalf of respondent number >> B Turya >> appearing on behalf of Miss Mr. B Hajurika appearing lenet council for respondent number three.

[00:27:41]It appears that this appeal is ready for hearing as the records of the MSE case number 283/ 2018 have been received.

[00:27:55]>> 2832 >> 283 >> 2832/209 has been received.

[00:28:03]Let this matter be listed for hearing after 4 weeks on a date to be fixed by this.

[00:28:10]>> Lordship is this your lordship. Lot ship uh here office note dated 17726 says unserved notice for 1 to three return and uh awaited ad for 1 to4 log >> one and lordship steps were taken by speed force so >> missed council for the also Mr. Kmal Mr. By bikoya landed council for respondent number 1 2 and three office note dated 177 2026 shows that notice service report in respect of notice issued to respondent number three is four is awaited. The registry is directed to place the postal track consignment report of notice issued to respondent number four by speed post before this court on the next date fix.

[00:29:22]Let this matter be listed.

[00:29:25]No before 21st.

[00:29:31]>> No l I'm making it clear from 17 to 21 before 15. before 15 >> 12th of August.

[00:29:48]>> May I please your honor?

[00:29:49]>> Your honor, I'm extremely sorry honor for item number 10. I was in another court.

[00:29:57]Your >> item number 10.

[00:30:02]>> Yes. Lordship. Lordship. For this matter we are still unable to track the proper address. We have informed uh national insurance lordship may kindly give few more days.

[00:30:17]>> Your order is cutting.

[00:30:23]Miss B Hajuri, Miss D. Hajurika appears for the applicant and prays for some more time to take steps for issuance of notice upon >> respondent 1 2 3 and four.

[00:30:38]>> Respondent respondent number 1 to 4. The prayer is allowed. Let this matter be listed on 26th August.

[00:30:53]May please lordship my lord in this case lordship as per office not dated 2726 a service report in main case as well as in >> Mr. Ka Majunar Le Council for the Appalent >> on perusal of the office not dated 27 2026.

[00:31:21]It appears that notice issued to respondent number one and four have been received back after due service.

[00:31:32]I'm appearing for respond number one.

[00:31:35]>> Oh, okay.

[00:31:39]However, service report in respect of respondent number two and three are awaited.

[00:31:47]Mr. M. Taludar appears for respondent number one. The registry is directed to place the postal track consignment report of notices sent to respond number 2, three and four by speed post before this court on the next 8 weeks. Let this matter be listed on 17th of August.

[00:32:09]>> It may be ship on 25th August on 25th August.

[00:32:28]common >> inadvertently in this matter I could not take steps today we are taking steps >> heard Mr. NK Kaleta learned council for the appellent who submits that due to some communication gap the appellent could not take steps as was directed by this court hence seek some more time for doing so the prayer is allowed the appellent shall take step for issuance of notice upon the respondents by speed post as well as by usual mode within 7 days of the date of this order returnable 28th of August >> 26 as per office not 18726 the notice upon number one and two are aed as well as LC is also >> and Mr. Dakula the L council for the appeal only two respondents are there.

[00:33:34]>> Yes.

[00:33:35]>> On perusal of the office not dated 18726 it appears the service report in respect of notices issued to respondent number one and two are awaited. The registry is directed to place the postal track consignment report of notices issued to the respondents by speed post before this court on the next date fixed. The registry shall also issue reminder for the records of the tribunal.

[00:34:12]release this matter on 21st of August as office 2726 service report as number one and two >> miss Chadri the learned council for the appeal office not detailed 27 7 2026 shows that service report in respect of notices issued to the respondents is awaited.

[00:34:50]LCR is also a lotion.

[00:34:52]>> SL the registry is directed to place the postal track consignment report of notice issued to both the respondents by speed post before this court on the next date fix stop. The registry shall also take steps for issuing reminder for records of MSE case number 186/2022.

[00:35:19]Let this matter be listed again on 19th of August.

[00:35:28]>> This is your lordship. As per office note dated earlier log ship 1 23 was served. As per office note dated 266 626. The respondent two was served on flu 626 and four was served on 1626. So service is completed. The delay is of 12 days >> when four also served.

[00:35:54]>> That's what lipu's office dated 2626.

[00:35:58]R2 was served on 2626 and respondent four was served on 1626.

[00:36:07]>> Miss Mardi Majuna the learned council for the applicant on perusal of the office note dated 187 2026. It appears that notice issued to respondent number two was duly served on him on 26 2026 whereas the notice issued to respondent number four was duly served on 16 2026.

[00:36:37]The service of notice on all respondent is therefore complete. However, none has appeared in spite of due service of notice. Therefore, this interlocative application is proceeded expertly against the said respondents.

[00:36:56]This interlocator application under section five of the limitation act has been filed by the applicant insurance company namely >> New India. New India Assurance Company Limited praying for conclation of delay of how many days? 12 >> 12 days in preferring the connected Mac appeal whereby the judgment and award dated >> 241 25 >> dated 241 2025 passed by the motor accident claims trial golaga has been impuged passed by the motor accident claims trael golagard in MEC case number 102/20 2017 has been impuged len council for the applicant submits that the reasons for delay has been stated in paragraph number >> 3 to7 >> 3 to7 of the instant interlocatory application I have considered the said reasons and found it to be sufficient cause which prevented the applicant insurance company in preferring the connected appeal within the prescribed period of limitation. As such the delay of how many days?

[00:38:43]>> 12 >> delay of 12 days in preferring the connected appeal is hereby condone and the instant interlocator application is allowed. The registry is directed to register the connected bank appeal and list the same for admission after a week on a date to be fixed by registry. Hello guys. Item 29 >> lordship in this case lordship order was passed for postal track of uh postal track report of one and two but office not dated 2726 uh says that uh for R2 insufficient address that report has come and process server also could not serve R2 but postal track report of respondent one not given lordship.

[00:39:41]>> What will you do regarding R2? uh lordship I do not know insufficient address lordship basically the >> R1 has also the return what will you Because we had taken postal they said insufficient address. So maybe we have to do substitute.

[00:40:20]>> Yes Lord heard Miss Adi Majunar Led Council for the applicant on perusal of the office not dated 27 2026. It appears that the notice issued to respondent number two has returned with an endorsement with an inverted comma insufficient address [clears throat] return to sender inverted comma close stuff.

[00:40:54]It appears that earlier the notice issued to respondent number one had a return with endorsement not found return to sender. As such the appellent is directed to take steps for issuance of notice upon both the respondents by substituted mode of publishing the notice in how many newspapers? one >> in one >> vernacular >> oneacular newspaper which is widely circulated in the last known addresses of the book of both the respondents.

[00:41:37]The date of appearance to be mentioned in the notices shall be 24th of August.

[00:41:45]>> No lord maybe in September >> shall be 7th of September list accordingly.

[00:42:03]As for office not 2726 neither ed nor answer has received >> Mr. I am Talupanet council for the applicant office note dated 2726 shows that the service report in respect of notices issued to the respondent is awaited.

[00:42:29]The registry is directed to place the postal track consignment report of notice issued to respondent by speed post.

[00:42:49]Have you taken steps by speed?

[00:42:53]>> Yes.

[00:42:55]Okay. visual process also >> speed pause on the next date fix let this matter 19th of August >> I bill 1958 is the condonation application lordship there is a delay of 86 days in preferring the regular first lordship when the matter was first listed lordship ship. We prayed for time by my junior but as this is a condonation application lordship in my absence notice was issued but lordship I was about to satisfy the court that even during condonation of allow issuing notice in condolation application the execution proceeding may be stay >> in exceptional circumstances. Yes lordship as because this is a regular first appeal statuto appeal lordship and sue to ask for recovery eviction of the defendants and lordship in the meantime they have started execution proceeding and accordingly after issuance of notice we have taken speed post notice and thereafter apprised the execution code about the pendency of this I loy and executing code um fix [clears throat] next date on 7826 Six for order of honorable high court necessary order >> in I IU heard Miss Arri the learned senior council assisted by Miss Bhajika the learned council for the applicants on perusal of the office notated 27 2026 it appears that the service report in respect of notices issued to the respondents is awaited. The registry is directed to place the postal track consignment report of notices issued to respondents by speed post before this court on the next date fix.

[00:45:01]Let let this matter be listed on 19th of August. I >> worship in there is another ayah but that has not been yet numbered as because cononation was not considered by this court. So where where the order will be passed? Lordship can direct the registry to number this IIA or your lordship in the condonation application if your lordship pass that they have already filed an IIA which was not yet numbered >> where is that judgment exception and circumstance >> this Ramshu accordingly our high court also pass orders in some of the IA I have in Abuakar Siddhi one case and Abdul Red in another face washing out then it counts. continue list this matter on 19 days thereafter continue learned senior council for the applicant submits that though the cononation though the delay caused in preferring the connected appeal is yet to be condoned. However, since the decree holders have initiated an execution proceeding before the executing court, the present applicant have also filed an a separate interlocatory application >> which is yet to be registered as delay is not yet condoned. She submits that in cases where appeal is filed under after a after the period of limitation.

[00:47:09]This court has power under section 151 of the civil procedure to grant stay of execution even before the delay is condoned in the delay and condone. Delay is controlled in next to >> she's she further submits that she has cited a ruling of a coordinate bench of this court in the case of the ruling of this court in the case of Ramsh Chandra Kalita versus Mira reported in 1997 1GLR287 in support of her submission.

[00:48:29]Stop. The London senior council further submits that the execution case initiated by the decree holder is numbered as title execution case.

[00:48:42]>> Title execution case number 226.

[00:48:45]>> 22 >> 25 of my state petitions. 22 public 2026 which is >> pending before the >> which is fixed >> on 78 >> 78 2026 >> considering the submissions made by learned council for the applicant and considering the urgency of the matter in view of the pendency of the execution case. Further proceeding of the title execution case number >> 22 of 2026 pending before the learned civil judge Bonga >> 22 of 2026 >> civil senior division >> pending before the court of learned civil senior division Bongaga shall remain state till next returnable date list accordingly. and deeply obliged.

[00:49:52]>> May it please your house in inadvertently steps were not taken by Mr. Aatra learned council for the applicant who submits that due to some communication gap the applicant could not take steps for issuance of notice as was directed by this court. Hence seeks some more time for doing so. The prayer is allowed. The applicant shall take steps take fresh steps for service issuance of notice upon respondence for by speed post as well as by usual mode within 7 days of the date of this order returnable on 31st August.

[00:50:44]May I please to appear for respondent number one in this matter?

[00:50:50]>> How many respondents are respons council for the applicant also had Mr. KJ appearing for respondent number >> what >> one >> I will file my bakal number during the fourth >> who submits that he shall be filing his bakalat number during the course of the day.

[00:51:20]It appears that notice issued service report in respect of notice issued to respondent number two >> is still awaited.

[00:51:32]The registry is directed to place United India insurance company you have taken steps.

[00:51:39]>> Yes sir. Registry is directed to place the postal track consignment report of notices issu notice issued to respondent number two by speed post before this court on the next date fix. You have received the memo of appeal. I will >> the appellent shall the applicant shall furnish the copy of interlocatory application along with inexures to the learned council for respondent number one within the course of the day.

[00:52:12]Let this matter be listed again on 21st of August.

[00:52:19]>> Report your lordship lordship.

[00:52:28]I have inadvertently I failed to take this steps >> but Mr. D. Mund Lit the Lit Council for the applicant who submits that due to some communication gap the applicant could not take steps for issuance of notice as was directed by this court. Hence he seeks some more time for doing so. The prayer is allowed. The applicants shall take fresh steps for issuance of notice upon the respondents by speed post as well as by usual mode within 7 days from the date of this order returnable on 31st. Hello I for the release of the 50% amount lordship for direction to the rest >> is there any stay >> there is a stay the order next >> stay was given with direction to deposit 50%.

[00:53:39]You have any objection?

[00:53:41]>> I have objection. But then can be because on miss Mr. N. Ahmed learned council for the applicant also missed council for the insurance company/rispa opposite party.

[00:54:09]This inter interlocatory application has been filed by the applicants/claimment praying for releasing the 50% of the awarded amount which has been deposited by the insurance company in person to the order dated 86 2026 passed in IA. A within bracket C number 1421/2026 stop I have considered the submissions made by the council and gone through the aments made therein this the prayer is allowed the amount that is 50 the the amount the 50% of the awarded amount deposited by the insurance company that is rupees 6 lak 13, 734% to the order refer mentioned here in above shall be dispersed by the >> register of this court to to the applicant/clment after proper verification on furnishing of an inempty bond of the same amount.

[00:55:54]Stop this interlomator application is accordingly disposed of back >> lordship we we are taking step today lordship I'm sorry >> in main appeal main appeal heard missa learned council for the appellent also heard Mr. Ahmed Ahmed learned council appearing for Islam number one.

[00:56:25]Led council for the appellent submits that some more time may be granted to the appellent for taking steps for issuance of notice.

[00:56:37]Stop prayer is allowed >> three.

[00:56:40]>> Yes. The appellent shall take steps for issuance of notice upon respondent number two and three by speed post as well as by user mode within 7 days from the date of this order returnable on 31st of August.

[00:57:00]>> Item 36.

[00:57:08]>> Yes.

[00:57:10]uh a police had admitted lit the for the direction to the insurance company to deposit the 50% >> where is the provision who stay was given >> stay stay is there >> yes I itself >> till disposal 23 >> page 23 Yes. Office of application I2461 of 2025.

[00:57:49]>> There is no provision for them to direct us.

[00:57:55]No, this may be treated as you may pray for vacating or modifying the stay order. They cannot direct.

[00:58:10]Their application is for direction with the appellent opposite party to deposit 50,000 motivation.

[00:58:28]This page 23 order was passed in which case I page 23 242 of lordship the honorable justice but in 2461 no order is there in the in the record there is no order >> he has also in main appeal Yes. What is to be done? You file objection.

[00:59:19]>> Let them modify their petition. They let them file new petition because it will go to the same court. They have to file a review petition. Review petition file.

[00:59:40]I do this third Mr. and amend lanet council for the applicant who prays for allowing the applicant to withdraw the insaid interloator application with a leave to file an appropriate application for modification/ vacation of the stay is allowed this IA this interloatory application is dismissed on withdrawal with the leaves out for grant May approve >> in pain appeal one to office not treated 18726 LCR received 1 2 3 file wakala trauma for four AD card not but we have taken step by speed post so registry has it there should be a blanket order that registry should not wait for ad they should give the postal traffic heard miss council for the appeal also mir and Ahmed appearing for respondent number one >> 1 2 3 >> 1 2 and 3.

[01:00:59]The office note dated 187 2026 shows that the service report in respect of respondent number four notice issued to respondent number four is awaited stop. The registry is directed to place the postal track consignment report of notice issued to respond number four by speed post within before this court on the next date fix that is 21st August and move there 23 >> before 15 >> 12th Diplom >> item number seven >> may this is your lordship it's a delay of 47 days in reference go your engaged council or >> legal aid council >> learned legal aid council appearing for the applicant and stop. This application under section 5 of the limitation act 1963 has been filed by the applicant for condoning the delay of 47 days in preferring the connected matrimonial appeal whereby the judgment and decree dated 1812 2025 and 2012 2025 P respectively passed in matrimonial title suit number 27/2021 by the court of learned district judge Golaga has been impeded.

[01:02:57]Stop. Issue notice to the respondent.

[01:03:00]Stop. The appellent shall take the applicant shall take steps for issuance of notice by speed post as well as by usual mode within 7 days from the date of this order. returnable on 31st of August.

[01:03:17]>> The blue lordship as per office not dated 17724 tracking report is given. So respondent number three and four are also served flag y so this case can go for hearing us >> and Mr. Adi Majuna learned council for the appellent also Mr. D Mandal council for respondent number one to on perisal of the office note dated 177 2026.

[01:03:58]It appears that the postal track consignment report of notices sent to respondent number three and four by speed post indicates that the notices were duly delivered to the addresses stop. As such the notices issued to respondent number three and four are held to be duly served. The service of notice on all the respondents is complete.

[01:04:28]The records of the concerned Mac case have also been received. Hence, this appeal is ready for hearing. Let this matter be listed for hearing after 4 weeks.

[01:04:43]>> The date better not 2016 >> November.

[01:04:50]Okay. If uncertain is this is better than uncertain >> in this case the claimant has not received a single penny >> third November >> 3rd >> 3rd of November >> I think 44 to 47 >> may I please be lordship 24 >> yes >> according to office note dated 21726 lordship sir Service is complete and TCR is also received lordship >> number two lordship >> item 44 >> 44 lordship >> in other matters >> in other matter almost same lordship >> services complete all the matters >> 46 complete 47 complete in 45 lordship uh R3 may be struggle >> who is for R3 in item 45 I'm saying 46 Please respond.

[01:05:51]>> Item 44, lordship service is complete.

[01:05:53]TCR is received lordship.

[01:05:54]>> Why four appeals?

[01:05:59]>> This case was tacked together because >> no why it is stacked together. This >> no these appeals are by claimments.

[01:06:11]>> Yes sir. for enhancement.

[01:06:14]>> For enhancement enhancement and now from 46, 47 and 48 is already settled. See, so that should be detected also and all the faces can be detected closely.

[01:06:36]>> 47 and 48 >> set.

[01:06:41]Has it been Has it been settled?

[01:06:49]>> Okay. Okay. Okay.

[01:06:56]Separate orders.

[01:06:59]Separate orders in item number 45 heard Mr. AR Agavala Let Council for the Appalent also administer who is appearing for respondents for item 44 I am from number two 44. S is complete. This year also receive jobs.

[01:07:45]Who is appearing for National Insurance Company?

[01:07:52]40. 44.

[01:07:55]No, I'm taking up 44 first. Who is appearing for National Insurance Company? Mr. Bha >> six.

[01:08:08]>> Mr. Sharma.

[01:08:16]>> None has appeared for his phone number >> one.

[01:08:32]though has been filed on the last date.

[01:08:35]Who is appearing for respondent number two? What is your name?

[01:08:39]>> Uh Dura on behalf of Mr. Has >> Mr. Durwa Lanet Council appearing on behalf of Mr. H Das Led Council for respondent number two is present. The records have been received.

[01:08:55]>> Yes sir. The records of the concerned MSE case have been received.

[01:09:02]Hence, let this matter be listed. Is there any possibility of settlement in this case?

[01:09:09]Let this matter be listed for >> hearing October.

[01:09:22]It will go to the month of November.

[01:09:25]Let this matter be listed by settlement will be there then okay after 4 weeks on a date to be fixed by registry. Next item 45 lordship according to office note dated in item number 45. Uh R1 and R2 service is complete lordship.

[01:09:51]R3 lordship guard has not returned. His name may be st of lordship since TCR has arrived. He is the driver lordship and this matter may be fixed for hearing.

[01:10:01]>> This is for enhancement >> enhancement lordship Mr. Aarala learned council for the appeal anybody appearing in 45 also Mr. S. Sharma appearing for respondent number four on perisal of the office not dated 217 2026.

[01:10:29]It appears that notice issued to respondent number one and two are duly served. ship uh 48 I'm following respondent number one 45 there is no respond number four item number 45 Duly served.

[01:11:17]London Council for the submits that duly served and and and the service report in respect of notice issued to respondent number three is awaited. Learned council for the appeal submits that since in this appeal the appellence are agreed with the quantum of compensation awarded to them and have only prayed for enhancement of the compensation.

[01:11:56]The presence of respondent number three may not be necessary for adjudication of this appeal. Hence praised for striking out the name of respondent number three from the member of appeal. Stop. The prayer is allowed. The name of respondent number three may be struck out from the member of appeal.

[01:12:22]This appeal is accordingly ready for hearing.

[01:12:27]Let this matter be listed after 4 weeks on a date to be fixed by registry.

[01:12:34]Item number 46 >> same lordship services concrete lordship tcr has arrived lordship may be fixed for hearing also heard miss a agarala the learned council for the appellent also Mr. KK the learned council for respondent number one respondent number one who is appearing for two and three live it appears from office note dated >> 217 >> 217 2026 that the notice issued to respondent number two and three are duly served.

[01:13:33]It also appears that records of relevant Mac case have been received. Hence this appeal is ready for hearing. Let this matter be listed for hearing after four weeks on the date to be fixed by registry. I think this has been detect be detached from uh other from MEC cases number >> 3 >> 320 >> / 2023 MC case number 320 21/2023 and MEC case number 324/2023 >> 47 >> 47 heard Mr. Agarana the learned council for the appellence also miss what is her name Metia appearing for respondent number one as well as You are also appearing as well as Sharma appearing for respondent number respondent number three four you are appearing for new India respondent number four on pair of uh settled The matter with >> four there is likelihood of settlement.

[01:15:22]>> No lordship actually only one is having the liability. So their name once for already settled for one >> you have settled.

[01:15:33]>> Yes my lordship additional amount of two >> any document. Yes. We have this mess in the last line.

[01:16:06]This one number four.

[01:16:14]On perusal of office date >> 217 >> 217 2026. It appears that notice issued to respondent number two have been duly receive duly received by the addressy.

[01:16:42]However, notice issued to respondent number five and six have returned without service.

[01:16:51]Lit Council for the FN submits that in this case the respondent number >> one >> one was directed to pay the >> awarded amount >> awarded amount to the appellence/climments.

[01:17:14]However, after filing of this appeal, the matter has been emicably settled between the claimments and the respondent number one insurance company on >> 85 >> on how much you have to additional one at on The condition that an additional amount of rupees 2 lakh shall be paid by the respondent number one insurance company to the claimments stop. Miss M. Sati Satya learned council for respondent number one also endorsed the submission made by learned council for the appeal and has produced a letter dated 35 2026 written by chief regional manager of respondent number one insurance company wherein it has been stated that the respondent number one insurance company has agreed to settle the appeal at settle the appeal by paying an additional amount of rupees two lakhs in addition to what has been awarded by The motor accident claims tribunal stop.

[01:19:04]Let the letter produced by the respondent number council for respondent number one be marked as X and placed along with the records of this case.

[01:19:22]Stop. In terms of the settlement arrived at between the respondent number one and the appellence, this appeal is disposed of. The respondent number one insurance company is directed to a deposit the settle additional amount of compensation of rupees two lakhs which has been agreed between the parties before the registry of this court within a period of 4 weeks 4 weeks from the date of this order. On such deposit number one, >> claim shall be dispersed number one >> by the registry to thee.

[01:20:15]Clement number one >> for the deceased.

[01:20:20]>> After proper verification with above observation, this make this appeal is accordingly disposed of.

[01:20:33]I Item number >> item number 44 of >> heard also Mr. >> PJ Bman appearing for respondent number one >> 48 >> 48 is also same lordship this amount is also same >> settled yes >> same heard Mr. AR Agarada Led Council for the appeal also miss Satya Led Council for the respondent as well as Mr. S. Sharma appearing for respondent number four. It is submitted by learned council for the respondent that the respondent in number one insurance company has agreed to settle this appeal at a on the basis of a joint compromise arrived at between the parties on the condition that an additional amount of rupees two lakhs shall be paid by the respondent Number two, S1 number one insurance company to the claim to the appealance in addition to the awarded amount stop.

[01:22:07]She further submits to record the settlement arrived at between the parties and in support of her submission she has produced a letter dated 35 2026 by the chief regional manager of the respondent number one insurance company indicating the settlement arrived at between the parties stop in view of the submissions made by Lenet Council for the parties as well as in view of the as well as after going through the letter dated 35 2026 produced by learned council for the respondent number one comma. This appeal is disposed of on compromise.

[01:23:07]Stop the respondent number one. Insurance company is directed to deposit the agreed additional amount of rupees 2 lakhs before the registry of this score within a period of 4 weeks from the date of this order. Stop on such deposit.

[01:23:29]The registry shall disperse the same to the claimment number one. Wipe of the deceased >> claimment number one after proper verification.

[01:23:41]The letter dated 35 2026 be marked as X and shall be kept with the record as a part of this record.

[01:23:56]This appeal is accordingly disposed.

[01:24:08]>> I'm respondent number one.

[01:24:12]PC has been received.

[01:24:16]>> None has appeared for the appellent the petitioner on call.

[01:24:22]Miss K. Batara appearing for >> respond number one.

[01:24:27]>> Respond number one.

[01:24:30]Let this matter be listed for admission hearing on admission hearing at 21st August.

[01:24:49]In this case directed to take step upon the respondent one but by mistake I have not taken step by tomorrow I'll take step Islam learned council for the appeal also Mr. What is your name?

[01:25:03]>> PM Tal.

[01:25:04]>> PM Talupd appearing for respondent number two.

[01:25:08]Learned council for the respondent learned council for the appellent submits that due to some communication gap the appellent could not take steps for issuance of notice upon the respondent number one as was directed by this court.

[01:25:26]Stop. He seeks some more time for doing so. Stop. The prayer is allowed.

[01:25:33]Stop. The appellent shall take fresh steps for issuance of notice upon respondent number one by speed post as well as by user board within 7 days from the date of this order returnable on 31st August.

[01:25:53]>> Name of Mr. P >> M T >> PM Taluta shall be reflected in the cause list as engaged council for respondent number two. Henceforth >> 51.

[01:26:17]>> Yes.

[01:26:18]>> Your lordship. I'm for the petitioner here. In the last state, your lordship had issued notice and uh given an interim order herein.

[01:26:29]>> I am appearing for the respondent. We have filed a >> what is your name?

[01:26:41]>> Abuya >> heard missy lit council for the petitioner also heard miss what is your name? MDAS MAS appearing for all how many respondents are there?

[01:26:58]>> One responsible appearing for soul respondent. You have filed your vocal number.

[01:27:05]>> Soul respondent.

[01:27:09]>> We'll file our FA with your honor. So two weeks time is given.

[01:27:16]who praise for allowing the respondent to file written objection against the petition filed by the petitioners.

[01:27:27]The prayer is allowed. Let this matter be listed after 2 weeks on a date to be fixed by registry.

[01:27:38]Interim may be extended.

[01:27:41]two weeks now and date >> 24th. Let this matter be listed on 24th August. The entry order shall continue till next >> day per the lordship of 27 2026 your lordship.

[01:28:08]I believe we should wait for some time the worship otherwise upon respond number eight lo it has been served by the usual court but Mr. What is your name?

[01:28:33]>> DJ Dasu. DJ Das Council for the petitioner.

[01:29:04]On perusal of the office note, it appears that notice issued to respondent number eight by usual mode has been received by the said respondent. As such, the notice is held to be duly served on the said respondent.

[01:29:27]As regards respondent number five, the >> 58 insufficient address >> eight has been served.

[01:29:39]As regards responding number five, the service report >> eight has been served. Service report indicates that the the report service report indicate that no line to continue. As regards respondent number five, the unserved notice has returned with an endorsement within inverted comma insufficient address RTS.

[01:30:13]Similarly, as regards respondent number six, the notice has written with an endorsement addressy out of station RTS.

[01:30:27]Whereas notice issued to respondent number seven has returned with an endorsement refused RTS in [clears throat] As regards notice issued to respondent number nine, same as return with endorsement addresses left without instruction, return to return to sender stop. In view of the above reports, notice issued to respond in number seven where wherein he has refused to accept the said notice is held to be duly served. As regards notice issued as regards other respondents namely respondent number five, 6 and 9.

[01:31:36]The petitioner is directed to take fresh steps by issuance of notice by speed post within 7 days from the date of this order returnable on 31st August. As regards respondent number 1 to 4 and 10, the registry is directed to place the postal trade consignment report of notices issued to a foret respondents by speed post on the next date fix list accordingly.

[01:32:21]Much of sir there is an inter that may be expand continue next lordship as per office not dated uh 20 July uh answer notice has been returned the lordship DV case is still pending we may allowed to take steps for the learn JFC caser shure steps through how lordship in page number 109 uh through L JF JFC where she has been appeared last You don't have the address.

[01:33:26]Okay.

[01:33:37]>> You serve the notice by dusty mode.

[01:33:43]>> Heard Mr. What is your name?

[01:33:45]>> Ja. J Saka Let Council for the petitioner on perusal of the office note dated 27 2026.

[01:33:59]It appears that notice issued to the soul respondent has returned with an endorsement within inverted comma address he left without instruction.

[01:34:13]RTS stop then council for the petitioner submits that the respondent is appearing before the learned before the court of learned where is that >> page number 109 JFC >> page number one >> 109 >> appearing before the court of learned A judicial magistrate first class kachar in DB case number 207/2022 which was instituted by the respondent herself and as such seeks leave of this court to serve the notice on the responded by dusty mode in the dusty mode stop the prayer is allowed the petitioner shall take steps for issuance of notice upon the respondent by thirsty mode within 7 days from the date of this order returnable on 31st of August In the event the petitioner is able to serve the notice on the respondent by dusty mode comma and if it defit in complaints there too shall be filed by the petitioner before this court on the next date fix list accordingly.

[01:36:23]Mr. HP Guala the learn council for the petitioners also Mr. DJ >> D >> GJ learned council for soul respondent >> soul >> soul respondent why this what relief you are seeking >> production of myot additional evidence at the stage that question of law is involved here Let this matter be listed for admission on 24th August. Any other 24 I have >> 265 as per the last office from services >> may it please your lordship I am appearing on behalf of the respondent I have filed my number three it miss Khachara the learned council for Petitioner also miss what is your name?

[01:37:50]>> Miss P.

[01:37:52]>> Miss Peach Chadri the how many respondents are there? Soul >> soul soul respondent >> preparing for the soul respondent.

[01:38:01]Let this matter be listed for admission on 24th August.

[01:38:08]>> There is an entering >> name of Miss P. What is your name?

[01:38:12]>> P Chadri. P Chadri be reflected in the cause list as engaged council for the soul responding. Hence forth the in order granted earlier shall continue in till next date list accordingly.

[01:38:33]Wait please have lo in this case lo it is on quantum lo steps to R4 may be wave lo and the case can go for in fact local if the LCR comes because it is totally on quantum local you are agreeable since LCR has not come and >> local of course is in Sepmber member in the meantime.

[01:39:06]>> Okay. Let the the court come first the learned council for the earthland also heard Mr. Aola appearing for >> respond number >> 1 23 / the office note detail.

[01:39:36]>> How many respondents are there?

[01:39:37]>> Four. The net council for the appellent submits that since the this appeal has been preferred by the appellent insurance company mainly agrieved with the quantum of compensation awarded to the respondents.

[01:39:55]The presence of respondent number four may not be necessary or adjudicating the appeid. Hence she pray prays for waving the notice to respondent number four. The prayer is allowed.

[01:40:14]>> Yes. I lordship. I do not have objection to that. OP >> the the let the records of let the reminder be issued for calling for records of MEC case number 77/ 2022 within bucket D registry to take steps for the same let this matter be listed 12th of August I I what I I for >> for of the amount they've already deposited >> because it is quantum lo but with a bond because it might be less than that 50%.

[01:41:01]>> No regarding heard Mr. A R A LED council for the applicant also miss Majunar Let Council for the respond insurance council. This interlocatory application has been filed by the applicant/climment praying for allowing the applicant/claimment to withdraw the 50% of the awarded amount deposited by the insurance company in compliance with the order dated 236 2026 pass by this code in MS field number 333/2026 the prayer is allowed the registry is directed to >> element number one >> registry is directed to disperse the force 50% of the awarded amount deposited by the insurance to the claimment number one on behalf of all the claimments.

[01:42:25]>> No, the amount was given to her only >> only her only her.

[01:42:30]>> He was taken as the dependent >> because father and brother only claiming number one after proper verification >> without any huh >> without any freedom.

[01:42:46]So mother died the >> without any writer.

[01:42:51]>> Yes.

[01:42:54]This interlocator application is disposed.

[01:42:57]>> Earlier the order of the tribunal is 70% share of the claimment shall be kept in policy.

[01:43:03]>> What is the age?

[01:43:05]>> Mother age is 21 years.

[01:43:09]She is the daughter and only one brother is there and old father is there.

[01:43:15]So there is no minor and she has to maintain the mother died actually. So this is the only >> it's not a question of minor. The AEX code judgment is not a question of minor just to protect the account. But I leave it to lordship >> without any >> but with >> by filing by filing a bond of the amount this was to you file a bond later on item four.

[01:43:53]May it pleases loss in my lord is admitted my lord and my lord service complete adm the lcr me has not been received yet >> but Mr. HP Gala the learned council for the appeal also administer >> Hakrai >> Hakraati appearing for >> respondents 1 2 3 and four >> appearing for respondent number one 2 3 and four record has not been received >> it appears that the appearance of parties in this appeal is complete.

[01:44:39]However, the trial court records have not yet been received. Hence, issue reminder for the same registry to take steps for issuance of reminder.

[01:45:00]Let this matter be listed again on 21st of August.

[01:45:13]My lord, this is the first appeal from others. My lord, the pet is the first date, my lord. Today is the first date, my lord. My lord, the petisha number one, petisha number one is a school situated at MIA. My lord represented by its principle that is petition number two. Now my lord petition number one and petition number two being the plaintiffs have instituted a suit against the respondent as defendant there my lord.

[01:45:42]Now the relation is that my lord petitioner number two and pet the respondent they are co-rustees of a trust which is running this safe school and the allegation against the respondent is that he has misappropriated the fund of the trust and the school and as such a suit has been filed for discharge or removal of the respondent from the trust along with permanent injunction.

[01:46:08]My lord, my lord, the suit my lord will find at page number 20. My lord, there's the title suit that has been filed.

[01:46:20]>> Where is the impug order?

[01:46:21]>> My lord, the impuged order is at page number 211. My lord, my prayer for expart injunction was refused and assailing that I am before your lordship. Page number 211.

[01:46:45]211 my lord and the operative part starts eating.

[01:46:48]>> What happened on 36?

[01:46:50]>> On 36 what happened? We had to take steps. We took steps but the steps was not sent from the court. So there was a lapse on the part of the court. Then the steps were sent again and the next date is now fixed on 12th of October for service report and written statement and written objection.

[01:47:17]If my lord takes the impug order my lord at page number 213 my lord may I read my lord?

[01:47:25]>> Yes.

[01:47:26]>> The second paragraph my lord the learned council submitted. My lord has got it.

[01:47:31]>> We'll issue notice and give a shorter date.

[01:47:36]Let the other side appear.

[01:47:38]>> My lord, the the allegations are there my lord that he is misappropriating the fund and already an affair has been registered, charited and the matter PRC case has been registered.

[01:47:51]So my lord the urgency is there my lord.

[01:47:53]So till the next day he may be restrained my lord.

[01:47:56]>> Restrained from what? from from u soning off or distributing the fund of the school.

[01:48:05]He may not be allowed to discharge the fund of the school in any inappropriate manner.

[01:48:12]>> No. In what capacity he is?

[01:48:15]>> He is the co-rustee. There are only two trustees in the trust. The petition number two and the respondent.

[01:48:20]>> No. What is your apprehension? What he is do? He >> you are the principal.

[01:48:24]>> I am the principal. You manage the finance of this?

[01:48:28]>> No, finance is managed by him. He doesn't allow me to enter into the financial part and I am only restrained to the administrative part. In mid 2025, I learned that he is misappropriating the fund. I investigated. I got proof and accordingly I lost the affair and during police investigation it came out that he what what are the details of misappropriation law? My lord will find my lord may I take you to the char sheet my lord directly char sheet is at page number 18a my lord the type copy 180 within bracket a that is the charit type copy my lord and the operative part is at page number 180 f point number 17 my lord Point number 17, my facts disclosed during investigation. My lord has found it down below. My lord page number 180f point number 17 down below. Facts disclosed during investigation.

[01:49:43]>> Yes.

[01:49:44]>> Yes, my lord.

[01:49:47]May it my lord. It will be a bit lengy but I'll read it my lord during the interrogation.

[01:49:54]>> Where is this school situated? This court >> school >> school misa my lord kamup district misa it's a private school my lord and the police investigation says that there is a separate >> where is school let me see it's behind Indian overseas bank boruchi shop miza M okay my lord the police finding is that my lord there's has been a misappropriation of tune to around 3 crores my lord that's the finding of the police my lord and accordingly charit has been filed against him and PRC case has been registered next date for his appearance on 30th July. My lord, >> now what is your prayer here?

[01:51:06]>> My lord, my my prayer is that my lord, he may be restrained from interfering or obstructing the management of the school.

[01:51:17]He may not be allowed to manage the finances of the school.

[01:51:26]>> In what manner he is managing the finances?

[01:51:30]>> He the account the everything the every control of the bank account is in his hand.

[01:51:36]>> Where where is that in the statement to that effect that bank account sir?

[01:51:48]He still remains as one of the trustee.

[01:51:52]>> Yes, my lord. He is one of the trustee my lord.

[01:51:57]>> Notice has to go. His presence would be necessary.

[01:52:01]>> Well, I am praying for intent till the next day.

[01:52:03]>> No interim >> my lord.

[01:52:04]>> Before we will fix a shorter date. Very short date. Your date is fixed in the month of October.

[01:52:11]>> October. We'll fix in the first week of August.

[01:52:15]>> August my lord >> heard Mr. Fros >> what is your name?

[01:52:19]>> Ahan my lord >> heard Mr. Ah Khan the learned council for the appellent.

[01:52:26]This appeal under order 43 rule 1 within bracket R of the code of civil procedure 198 has been preferred by the appellence imputing the order date 27 5206 passed by the court of learned civil senior division number one kamu Amin in mijj case number 323/20220 26 in connection with title suit number 182/2026 whereby the prayer for grant of expert adinine injunction by the present appendence was refused by the trial court and instead notices were issued to the respondent learn council for the petitioner submits that though initially the date of return of notice and filing objection was fixed on 36 2026 stop. However, comma due to lapse committed by office of the trial court, the notices could not be sent to the respondent and it was sent late belatedly only. He submits that the case before the trial court is now fixed on >> 12th of October >> 12th of October 20 >> 26 >> 26.

[01:54:12]He therefore submits that some that expert interim relief should be granted to the petitioners by this court. Considering the fact that Tashit has also been filed against the respondent with accusation of misappropriating huge quantity of money belonging to the which trust belonging to school >> school my lord >> belonging to St. Joseph's school stop. I have considered the submissions made by Lenard council for the petitioner and council for the appellence.

[01:55:09]Let the notice be issued to the respondent. Considering the submission made by the petitioner, a shorter date is fixed in this appeal. Let the first week let let this matter be listed on 7th of August 2026. The appellent shall take steps for issuance of notice upon the sole respondent by speed post as well as by usual mode in both the addresses mentioned in the memo of appeal within 7 days from the date of this order returnable on 7th of August. list accordingly.

[01:55:58]>> My cons entering prayer will be considered on the next day observe my love.

[01:56:03]>> It will not be considered.

[01:56:07]>> Why should I disclose what the court will do on the next date? Wait for next day.

[01:56:28]freshing appeal is against my appeal was my claim was dismissed on the ground of jurisdiction >> heard Mr. J. Kolita the learned council for the appellent.

[01:56:42]This appeal under section 173 of motor vehicles act has been preferred by the appeal.

[01:56:56]Impuning the order, impunitying the judgment dated 36, 2026 passed by the motor accident claims tribunal, Barbeta in MAC case number 342/2022 whereby the claim petition filed by the present petitioner present appellent was dismissed.

[01:57:25]on the ground of lack of territorial jurisdiction of the motor accident claims trial perpeta issue notice to the respondents and call for the records of MEC case number 342/2022 the applica appellent shall take steps or issuance of notice upon the respondents by speed process by usual mode within in 7 days from the date of this order returnable on 31st August.

[01:58:01]>> The registry shall take steps for requisitioning the records of the MSE case list accordingly.

[01:58:11][clears throat] >> In this case, the insurance company has filed this app only on the quantum ground.

[01:58:24]Admiss DD Burman LED council for the appellent.

[01:58:31]This appeal under section 173 of motor vehicle act has been preferred by the appellent insurance company impuging the judgment and award dated 24 2026 passed by the motor accident claims triinal number three kamuk metro In MSE case number 1449/2023 stop issue notice to the respondents. The appellent shall take steps for issuance of notice upon the respondents by speed post as well as by user board within 7 days from the date of this order returnable on 31st August. Let the records of MSE case number 1449/2023 be called for from the concern tribulate.

[01:59:39]Let the registry shall take steps for requisitioning the effort for records list accordingly for stay >> issue notice depositing the 50% >> 50% heard missed council for the appent this interlocatory application under order 41 rule 5 of the code of civil procedure has been preferred by the applicant insurance company in connection with the MEC appeal number 384/2026 the applicant has prayed for staying the execution of the judgment and award impuged in the connected Mac appeal During the pendency of the said appeal, she submits that the connected appeal has been admitted and notice has been issued to the respondent sty.

[02:00:55]She also submits that the insurance company is agreeable to pay 50% of the awarded amount as a condition for grant of stay of the impute judgment and award considering the submissions made by council for the applicant. Notice to the respondents is waved in this interlocator application.

[02:01:22]Stop and uh not stop and the interlocator application is allowed.

[02:01:31]The first stop the execution of the impug judgment and award dated 24 2026 passed in MC case number 1449/2023 by the motor accident claims triinal number three kamlu metro shall remain stayed during the pendency of the connected meal number 384. 4/2026 subject to deposit of 50% of the awarded amount by the applicant insurance company before the registry of this code within a period of 4 weeks from the date of this order. This interlocator application is accordingly dispersed. of life >> item may lordship in this I'm appearing for Mr. Amber [clears throat] >> not Mr. Eolita Let Council appearing for Mr. Ah Bhachara learned council for the appealant. This appeal under section 173 of the motor vehicles act 1988 has been preferred by the applicant insurance company imputing the judgment and award dated 171 2026 passed by the motor accident claim trial kachar silcher in MC case number 979/20 2016 stop. I have gone through the ground stated in the memo of appeal. The appeal is admitted. Let the records of MSE case number 979/20 2016 be called for from the concern tribunal registry to take steps for requisitioning the records.

[02:03:33]The let also the notice be issued to the respondents.

[02:03:38]The appellent shall take step for issuance of notice upon the respondents by speed post as well as by usual mode within 7 days from the date of this order returnable on 31st August.

[02:03:53]>> But there is a separate IA for stay notice issued >> in I notice issued but Mr. Kolita notice beh my lord because I was supposed to mention a item for listing the item my lord may I now my lord please give >> you mention >> yes >> when you want on Monday next 276 >> what matters I have an application for withdrawing the amount >> okay okay judgment will be pronounced day after two item number one will be day after They are against you.

[02:04:57]Appeal is partially allowed.

[02:05:01]publish that >> the respondent is also claimment is also entitled to get compensation on account of loss of consortium all claimments.

[02:05:16]So the compensation amount modified compensation amount will be 11,000 11 lakh 21,000.

[02:05:30]go through the judgment after something.

[02:05:34]>> I didn't see it.

[02:05:48]The for reasons mentioned in the judgment this appeal is allowed and the case is remanded to the commissioner employees compensation for to reassess the compensation payable to the claimants under section four within bucket one within bucket C within bucket two of the employees compensation act after getting the loss of earning capacity of the claimment.

[02:06:18]Assessed by a qualified medical practitioner acts expeditious.