12-05-2026 | COURT NO. 2 | GAUHATI HIGH COURT KOHIMA BENCH

Ajouté : 2026-05-16

[00:01:22]I beg to mention item number 12.

[00:01:27]>> Item number 12.

[00:01:28]>> Huh?

[00:01:29]>> If this can be listed next Tuesday, >> I have the consent of the >> What is the matter?

[00:01:37]M petitioning my appointment of the private respondent.

[00:01:43]>> Yes.

[00:01:45]At the request of the unit council paying for the respondent private respondent. Is this matter again on >> 19th 19th?

[00:02:02]Fine. Yes.

[00:02:05]I'm receing Balan M. So I'm going Balan M so that latest matter will be come up after two weeks.

[00:02:13]>> You are appearing for whom?

[00:02:14]>> I'm for union of India.

[00:02:16]>> No, you will appear for which one?

[00:02:19]>> Yes.

[00:02:20]>> Which one? All >> all the respondents.

[00:02:23]>> Your name sir?

[00:02:24]Modi CCI CGC has [snorts] submitted that he's under instructions to appear for all the respondents who would be filing the bakalama 1 2 3 4 >> when uh after a week >> within a week accordingly list this matter again on when will you file the evidence?

[00:02:56]We'll keep it on 29th of May.

[00:03:00]When 29th of May at least again on 29th of May, Mr. Swinson and council appears for the petitioner.

[00:03:09]Much of bless I beg to mention hearing item 13.

[00:03:22]The leading concern is in this force. H >> the leading concern for a respondent is in this force.

[00:03:30]>> Okay.

[00:03:31]>> What do you say? This is against equal >> log against the law discharge without proceeding to the proper trial logic. uh lower court has discharged the >> at the request of the law council for the petitioner command who is typically indisposed today this matter again on when >> after a week >> after a week after a week stop PP appears for the state it's called Remove this pillow.

[00:04:17]Okay. After a week.

[00:04:26]>> Yes. Back to mention item number 11.

[00:04:29]>> 11. Yes. All the hearing gone.

[00:04:34]>> Lord, I'm seeking land compensation in terms of the act of 2013, >> right? Fair compensation act. What in a similar case the state has went for an appeal >> that on the ground that the act of 13 does not apply >> right >> and the appeal in the appeal six and seven of 2025 >> that was heard and it's reserved so if this matter can be listed after time of the disposal of the appeal it is submitted at the bar that a reader bill involving us uh involving a connectic issue is pending disposal. Accordingly, a prayer has been made to list this matter after 2 weeks. Not good stuff.

[00:05:24]Bless this matter again on the uh 11th of July.

[00:05:28]>> 11th of June 2026. Awaiting the outcome of the ret.

[00:05:32]>> My pleasure.

[00:05:39]>> For orders item number one.

[00:05:46]Maybe it's my lord. A lot of we have is better >> the respondent two and three the two um we have sent notice notice them since they the previous two um respondents condemned two and three retired. So we have 10 noticed.

[00:06:07]So let this come up after four weeks alone.

[00:06:11]>> When did you when did you take steps?

[00:06:16]>> We have taken steps um two weeks ago but the lordship uh here we have been in notices but you have no they have not responded till. No no no no we are waiting for their response and moreover I've been told that respond two is going to retire again so process and everything so we'll just wait for just wait for some time since then will it come for the petitioner has submitted that >> although the copies of the orders of this court of which of which non-compliance is alleged against served upon the respondent number upon the need upon the incumbent Now holding the post of now holding the uh relevant post comma no response has come. He seeks for an extension of time to include the new incumbents as respondents. Finally release this matter again on the four weeks launch 19th of June. Lord for orders item number two worship is worship and here standing on behalf of himself >> worship uh return uh worship here the return service report is upon responding Number four and five is still awaited. So may I kindly grant another three time appear on behalf of respondents 1, two and three. I'm yet to file my objection to the IIA.

[00:08:08]>> Uh if the matter >> from 2025 we are not filing your objection. Are you serious for filing it?

[00:08:14]>> Only recently we have received. Huh?

[00:08:16]Only >> you appearing for respondent number >> 1 2 and three.

[00:08:18]>> 1 2 and three. You appeared on 18th of August 2025 sir. No file on behalf of respond number 123 on 1882025 not the copies of the IIA orders.

[00:08:34]>> Have you got the copies now?

[00:08:36]>> Yes. If the metric can come out on the 18th of this month not 30th of April 2026 reflects that service of notice upon report of service of notice upon respond number five are yet a list this case again in the first week of June.

[00:09:07]uh with updated status report on the on the service of notice of phone number 485 is the IIA for it is for condonation of delay yes sir what is the IIA for condonation of delay cond orders item Hello.

[00:09:48]Lordship notice for respondent two and three is still a lordship. This number two and three and three.

[00:09:56]>> Yes. the owner and the filing this thing not I will not be filed I'll not file why not you don't want to file yes you don't want to file yes >> at the time of hearing you don't want to file we will simply hear the matter >> what is your ground page five ground Just so many two and three is a church.

[00:10:32]>> Two and three.

[00:10:33]>> Yeah. You have not been able to serve copies on the church.

[00:10:36]>> We have we have served both still worship and the owner and the driver.

[00:10:49]Yes. What is your best friendship?

[00:10:58]grounds of uh persiph Yes. Yes.

[00:11:07]For that member failed to appreciate the facts that the same claim petition was filed under section 166 and 140 of the MVA 1988 law. But the learner tribal has failed to appreciate this legal aspect of the matter and landed in a graph error of law in passing the impun judgment. As such the judgment ended 17 lakhs 62,000 ship only with inter 7.5 per nomed 090 2025 pass by the lunar cabin level to set a site and lordship the parasy lordship for that the lunar trial file to order that the present present claim petition was filed under section 166 of the MVA claiming for death of owner of goods. However, as per our insurance policy, the set policy was issued for C GCC private carrier only, not for commercial purpose. Therefore, >> a private carrier, what is a private carrier and what is a public carrier?

[00:12:07]Priv private vehicle ownership for personal use only.

[00:12:12]>> Yeah.

[00:12:19]So how do you know it was how do we know it was for commercial purpose?

[00:12:28]Therefore in the instant case the question of claim owner of goods will not arise other than the shamoto public work. Further the extent policy was third party liabilities only and lordship in my gross of par lordship no post bottom report was conducted lordship can you take up these grounds unless you have taken Leave.

[00:13:05]Huh? Lorship.

[00:13:06]>> Can you take up these grounds unless you took leave before the tribunal? Did you participate in the tribal? You take leave of the tribunal.

[00:13:12]>> Worship.

[00:13:13]>> Take up all these grounds.

[00:13:14]>> Lorship.

[00:13:15]>> Huh?

[00:14:24]You're also not failing your objections.

[00:14:28]Have you received the 50% of the compensation? Not let the come out next week. Huh? Exactly. leading conor is one more one is I have some facility difficulties you for number one service report on the Mr. Sensor appears for the appellent Mr. So and so appears for the respondent number one who has submitted that the leading council is not available today of his note dated 85 2026 reflects that uh does not reflect the service report on respon 9th of June 2026.

[00:15:28]Which service is good? Respondent number one would be at liberty to file objection to me. You should take the opportunity to do the case just because it is respond number three and three serviceed.

[00:15:43]Do the case. Get the man some money. Get the matter dismissed.

[00:15:48]Once you start giving relief in the court, people will start approaching. Is it waiting for someone to appear or waiting for restaurant number two three on the maintainable ticket dismissed?

[00:16:02]>> Yes.

[00:16:03]>> For orders item number four.

[00:16:13]>> Yes. [sighs] This miscellaneous case has been filed for to recall the order ded 2026 passed in IA number two to2 of 2025 which was dismissed for non prosecution.

[00:16:28]The where is it? Where is it?

[00:16:35]One of the order is at page number 31.

[00:17:11]You're working for the government.

[00:17:13]>> Yes, as an engaged lawyer, but what happened my lord due the oversight since our names were not reflected in the cost list we could we have missed the matter when the matter was called for and in which the order was passed.

[00:17:26]>> What was the item number on the last date? My lord, >> when you miss the item?

[00:17:32]>> Yes.

[00:17:33]>> When what was the serial number of the case? Uh 12 on this on 12th February the item number was >> item number was >> government Government advocate.

[00:18:07]>> Yes.

[00:18:08]>> Why did you miss it then?

[00:18:10]>> But we I'm a I'm not a government advocate. Milo, >> you were engaged separately.

[00:18:16]>> We were engaged.

[00:18:17]>> The repetition file is here. Is the repetition file here?

[00:18:21]>> Yes. IA the IA that was filed now.

[00:18:26]>> Yes ma'am. Repetition as well as the IA was filed here. Just a minute. The I IA file2. This is IAL 2. Yes, ma'am.

[00:19:14]Why didn't reflectance chief though my lord the m was listed four times in all these four times our names reflected trying to who appears for the opposite in the lastation Mr. He said no he appeared >> uh then >> and then we have service upon the respondent also we have served two as well as by reged >> he has not filed his number he just he has it he instructions to appear >> is he available to find it available >> now please find out whether he has filed his number or not >> I have been informed that he will not be filing in this >> he will not be filing >> yes >> he will be or he will not >> he will not he said he will appear in the IIA but not in this uh civil mis case.

[00:20:27]>> He will not appear here.

[00:20:28]>> Yes, because he he said there's no ground for objection in this.

[00:20:38]>> Who is this from number one?

[00:20:40]>> The uh This one heard Mr. Anumar council and Lumar council for the petitioner on 2142026 Mr. H council had submitted that he had received instruction to appear on behalf of the respondent number one.

[00:21:33]He had sought time to sign the vocal nama.

[00:21:39]No to file the vocal nama on behalf of the respondent number one. The records do not reveal that any nama has been filed.

[00:21:58]As per the order dated 1420 as per the office note dated 142026 service report on the respondent number one was awaited register to avoid inconvenience on the respondent number one due to absence of service of notice comma despite the fact that a certain council had uh informed the court that he was under instructions to appear for the respondent number one command list this matter again on 4th of June 2026 we have filed an in regard to the service notice also but not yesterday regarding the service of notice upon the respon number one and two it's okay if it's Have you filed an FDA?

[00:22:48]>> Yes.

[00:22:49]>> Have you filed an FIFA?

[00:22:50]>> We have filed yesterday only.

[00:22:54]Anyway, my lord, >> you you took dusty steps.

[00:22:56]>> Yes, I did.

[00:22:57]>> Ah, where is where is the water line you dusty step?

[00:23:00]>> Oh, my we but uh it was filed yesterday only. So maybe it is still here.

[00:23:07]>> Yes.

[00:23:08]>> Can you call for it?

[00:23:10]>> We'll deem it to be complete. We'll uh allow the application if necessary.

[00:23:14]Do you call for the if you have the fing number?

[00:23:18]>> No, accepted. It was accepted this morning only.

[00:23:25]>> No problem. You we'll call for it. Wait for some time. Yes. We'll take the dusty service on record.

[00:23:30]>> Yes. and uh will you strike out the order the ticket document of >> for orders item number five.

[00:23:51]I beg your pardon for orders item number six.

[00:24:05]Yes. Or principal council for >> Yes. Uh I'm for a claimment here.

[00:24:18]Uh with regard to the uh nation uh I have no objections if it is cond.

[00:24:26]And who appears for four and five?

[00:24:29]No objection. No objection.

[00:24:31]>> This in Mr. and also her and miss appearing for the contesting parties.

[00:24:49]The this interlocatory application has been filed under section five of the Indian limitation act 1963 seeking for condonation of delay of 12 days in preferring the accompanying MSE appeal. The learn council for the petitioner has drawn attention of this court through the contents of paragraph seven of the I to submit that the delay caused was for reasons beyond the control of the appalance and there has been no inordinate delay or latches in filing the present appeal.

[00:25:35]The learned council appearing for the respondent number one 2 and three. So and the learner council appearing for the respondent number four and five do not uh I have submitted that the delay may be condoned and the matter may be taken and and the MSE appeal may be taken up for adjudication on minutes. Accordingly, the delay of 12 days posed in filing the uh connected MC is hereby controlled interpreted application is disposed for this MAC number is already uh it is already numbered uh on the MSU you right now appearing for consideration in the next week.

[00:26:36]>> There's another I for >> Yes.

[00:26:41]>> U file your objections here. Uh the court may allow by is the aence uh submit 50% of the deposit. What are you 725?

[00:26:52]>> Uh that is ser deposit my lord. Now the respondent apping for deposit of 50% for staying of the impingement order which I have no objection.

[00:27:03]>> Okay. Can you take down IA civil number five of 2026 by an ordered no by an order uh passed today in IIA number four of 2026. The delay in filing the connected appeal that is MSC appeal number one of 2026 has been conduct.

[00:27:25]This present interlocatory application has been filed by the appellence praying for a state of the judgment and order of the judgment and order dated 2925 passed by passed in MS case number 44 of 2024 by the learned uh learned member MS city Nagal the council for the appearing for the respondents Number one to three 1 2 and three have submitted that in the event the operation of the Indian judgment state the appellence the uh claimants would pay for uh deposit of uh deposit and release of at least 50% of the uh awarded amount yes in their favor and council for the applicant has submitted that he is under instructions uh that the appellence will have no objection why to deposit 50% of the awarded amount in the event the uh impute judgment is operation of the imped judgment is stateful stock accordingly the appalance shall deposit 50% of the awarded amount in the registry of this court within in a period of 4 weeks.

[00:28:55]>> 6 days. Six days per six days performed today on such deposit the uh operation of the in judgment of order dated 2290 is it judgment and order 292025 passed in MSE number 4424 shall remain shall remain in abance during the pendency of the appeal.

[00:29:26]Stop the uh claimments in the MS in the the claimments should be and uh be at liberty to file appropriate application for release of the deposited amount.

[00:29:40]I disposed of compliance motion for orders item number four is ah take down your name sir n longrum I dated Mr. End long council appears for the applicant in this MC C number one of 2026 on 6th of April 2026 and on 21st of April 2026 a submission was made before this court that uh certain council was and I had received instructions to appear in view of the respondent number one and time was sought for to pile the wakalat nama for the airports with respondent number one full however no wak nama is found on record the learn council for the applicant has submitted that pursuant to the liberty granted to take steps by dusty on the respondent number one comma steps were taken and the respondent number one has also been served a copy of this miscase and affid regarding the service of notice by dusty on the respondent number one has also been filed on 12th of May 2026 perusal of the on perusal of the anexurious It is just just a minute.

[00:32:01]How do you see this? Uh it has been served on number one.

[00:32:12]H8 in extrav is the notice which was served upon the >> where is his signature?

[00:32:19]>> Her thumb impression.

[00:32:24]Okay.

[00:32:25]uh the nexture given at an extraure B of the affid filed on 12th May of 12th of May 2026 reflects the thumb impression of the respondent number one accordingly that service of notice on the respondent number one uh is deemed complete. So where you have written that the thumb right identified by an advocate and rooted through the officer in charge PS Roman moch that part will okay so accordingly it is accordingly service of notice on the respondent number one is deemed complete This next paragraph, this I this mis case have been preferred by the applicant for recalling the order dated.

[00:33:37]12 to2026 passed in I civil number 222 of 2025 by which the miscase had been by which the interlocatory application filed by the applicant hearing had been dismissed for non-prosecution stop the order 122026 reflects that since none had appeared for the applicants that is the state of Nagalam on two consecutive dates, the court deemed the court deemed that the applicants were not interested in pursuing the matter. Accordingly, the interlocatory applications stood dismissed for non-persecution. Next paragraph, Mr. Longumarland council paying for the applicants have submitted has submitted that the state of Nagaland in the particular interlocator application was not represented by the government advocate for Nagaland but Mr. Longumar had been engaged his as a special counsel in the matter.

[00:34:48]However, in none of the cause list dated tell us the date of cause list s uh because it is 7th January 2026 as well as uh 12th to 2026.

[00:35:07]>> Uh the name of Mr. N. Lancomemer had been reflected. Instead, the cause was reflected. The government advocate Omar Nagal as the council for the applicants full stop. The donor council for the applicants has submitted that since his name had not been reflected in the cause list on any of the occasion comma. It was only due to oversight that the interopicary application number two of 2025 could not be pursued in this court. Accordingly he has prayed that given an opportunity the interlogatory application shall be properly pursued. Yes ma'am.

[00:35:58]None appears for the respondent number one although notice has been deemed to be served upon the said respondent. Who appears for respondent number two?

[00:36:08]Who appears for two?

[00:36:10]>> Two for the sending also for the uh advocate general's office. uh accountant general.

[00:36:20]>> Accountant general >> none has appeared for the official respondent number two namely the accountant general nal it's true on going through the contents of the miscus it is noticed that the cause lists in fact did not reflect the name of Mr. and longum commander and council representing the applicants in I 222 of 2025 post therefore accepting the explanation given by Mr. and log one.

[00:36:52]This fourth de to restore the interlocatory application within brackets civil number 2 to22 of 2025 to its original number stop. Accordingly the m case is allowed. Intertory application number triple2 of 2025 is restored to file on its original number in this case accordingly disposed of my lord.

[00:37:28]>> Yes please orders item numbers seven and eight. Uh my lord >> sorry for for the indulgence my lord but item number six m uh yes in item number six uh for the deposit of 50% I wanted the amount my lord >> I've actually prayed for 60 days of period of time my lord not six days so >> I heard six >> yes I said 60 days >> I saw the smile on his face seven days >> okay 60 see one small tea can make all the Defense who appears for the respondent >> lordship on the previous occasion once sen empty wapang appear for respondent one claimment cla >> what is this >> uh delay for confirmation of delay launch >> how many days >> 872 see if you can uh get Mr. Intangib see if he's available.

[00:38:37]>> No, no, he's not available. He's not experiencing objection.

[00:38:43]>> What is your ground for condonationship?

[00:38:49]Uh page five of my delay. Yeah. Parex.

[00:38:59]I've highlight the reason for the delay lotion.

[00:39:31]can be allowed on this.

[00:39:35]Okay, we will not do anything absence.

[00:39:40]Mr. Council appears for the applicant in this interloator application which is which has been filed praying for condonation of a delay of 872 days in filing the connected appeal Mr. Although Mr. Indiviang had council had appeared for the respondent number one on earlier occasion and app time to file their objection.

[00:40:14]None appears for the respondent number one today. Are the other respondents served?

[00:40:20]>> No lordship the notice still evident for the other respondent.

[00:40:24]>> Where is the report?

[00:40:27]The service on service report on respondent numbers two three four and five still worships you worship uh the driver and the owner and on that incident two of them died worship Listen, there's nothing here. Have you taken steps on 2 3 4 2 and three? Have you taken steps on two and three, sir? No, you're perfect. Where?

[00:41:17]Mhm.

[00:41:22]There is no official trace out. Trace out if you have not taken steps.

[00:41:36]We'll continue this order after some time. You keep it there. Trace out if you have taken on two and three or not.

[00:41:41]If not taken then you have to take steps.

[00:41:43]>> Sure. Prashure.

[00:41:44]>> Fine.

[00:41:47]or others. Item number 9 and 10.

[00:42:15]Are you able to sing a little bit?

[00:42:43]You have Mr. uh appears for the applicants >> by the order dated 23206.

[00:43:02]Notice was issued requiring steps of services of notice upon the respondents to be taken by speed post as well as by usual process within three working days full. The office not dated 942 242026 reflects that the notice upon respondent number three has been returned with the remark no such person in the address.

[00:43:32]There is no report on the service of notice on the respondent number two and objection has not been filed on behalf of the respondent number one who was represented by Mr. Mr. Hinti Wapang Ler Council appearing uh learn council comma who is not present today would you like to take uh first steps on respondent number two and three may the address in the meantime the proper address >> list the matter again on 29th of May 2026 aaiting the report of service of notice on the respondent number two and allowing the respondent number one to file objections if any.

[00:44:26]Now petition uh uh applicants should be at liberty to assertain the proper address proper public new address of the respondent number two and uh file appropriate application accordingly.

[00:44:40]>> Oh shoot.

[00:44:42]>> Yes. Did in the other case did you take steps?

[00:44:46]In that case you can take steps.

[00:44:54]Uh you took steps only on number four and five. Why not only others do is four records uh on the earlier order item number seven and eight I had given half the order now records not revealed at step Records do not reveal that steps for service of notice upon the respondent number two and three have been taken full stop. Learn a council for the petitioner shall verify the same and take steps if not yet taken within a period of 7 days from today.

[00:45:48]this matter again on the 11th of June 2026 aing service report on the respondents and allowing the respondent number one to file objection sign >> for hearing from the supplementary cost list item number 14 >> Mr. Yes sir.

[00:46:16]>> As per the last court order 7146, this honorable court has directed to calls for the dry court records.

[00:46:23]>> However, today uh when I take the service record, it has been received and blaze. Therefore, this uh your lordship may uh graciously please uh for preparation of book paper book.

[00:46:39]What is the order included?

[00:46:47]You are repaying for the state.

[00:46:49]>> No, no, no. I'm for the uh Lord. You for the You've been convicted.

[00:46:54]>> Yes. Lord, >> you've been convicted. You areing for >> for stay >> on behalf of order.

[00:47:25]Where is the you know why we are trying to go through the records? I can pass a simple and go home but it is 11:15 >> lot the leading council is passport and go home. It looks very odd. Huh?

[00:47:42]>> The leading council is is in this post lot. Uh but the following council should know to some extent.

[00:47:49]>> Okay.

[00:47:49]>> Leading council will not be here. What about this?

[00:47:52]>> F2 2011.

[00:47:57]>> It's in NHC.

[00:48:32]Nobody not safe.

[00:48:53]Where are your name sir?

[00:49:01]>> Mr. So and so for the is present. Your name madam?

[00:49:07]>> Yes s >> appears for the state. Good stuff. The trial court records have been received registered to prepare the paper book logic accordingly list again on after 3 weeks logic we'll have it on the 8th of June logic and the next time if this matter comes before me I'll remember it because I've read a few pages and whether a council leads you or not huh we will hear Lot we don't know the disposal but we'll hear you lot >> you have to take up matters >> lot yes >> for hearing item number 50 >> similar order may be pass What did you give your Come on.

[00:50:41]Wait.

[00:51:04]all places.

[00:51:11]That is why is very important.

[00:51:19]Yeah.

[00:51:31]Let him go.