Gauhati High Court
Indian Oil Corporation Ltd vs Legal Heir Of Mukti Hazarika on 20 September, 2024
Page No.# 1/2
GAHC010190442024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/359/2024
INDIAN OIL CORPORATION LTD.,
A COMPANY INCORPORATED UNDER THE COMAPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT G-9, ALI YAVAR JUNG MARG,
BANDRA (EAST), MUMBAI, WHOLLY OWNED BY GOVERNMENT OF INDIA
AND CARRYING ON BUSINESS AMONGST OTHER PLACES A DIGBOI
UNDER NAME AND STYLE OF ASSAM OIL DIVISION, DIGBOI, P.O. DIGBOI,
ASSAM, REPRESENTED BY ITS ASSISTANT MANAGER (EMPLOYEES
RELATION) SRI SHYAMOL KAKOTI, SON OF LATE J.N. KAKOTI, R/O-
DIGBOI, DIST. TINSUKIA, ASSAM, PIN- 786171.
VERSUS
LEGAL HEIR OF MUKTI HAZARIKA, NAMELY NAROTTAM HAZARIKA
PRESENTLY RESIDING AT ROJABARI NEAR HANUMAN MANDIR,
OPPOSITE TO RAILWAY STATION, JORHAT, P.O. AND DIST. JORHAT,
ASSAM, PIN- 785001 AND PERMANENT RESIDENT OF BORDOLOI NAGAR,
P.O. AND DIST. TINSUKIA, ASSAM
Advocate for the Petitioner : MR. A SARMA, MR. K KALITA
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 20.09.2024
1. Heard Mr. M. K. Choudhury, learned senior counsel assisted by Mr. L. Sangtam, learned counsel for the petitioner.
2. This is an application filed under Article 227 of the Constitution has Page No.# 2/2 been filed by the petitioner/plaintiff Indian Oil Corporation Limited impugning the order dated 13.06.2024 passed in Misc.(J) Case No. 2/2023 arising out of Money Suit No. 33/1995 by the learned Civil Judge (Sr. Division), Tinsukia, whereby an application filed by the respondent under Order 9 Rule 7 of the Code of Civil Procedure was allowed and the ex-parte order dated 03.08.2022 was set aside.
3. Issue notice to the respondent.
4. The petitioner shall take steps for issuance of notice on the respondent by registered post with A/D as well as by usual mode within seven days from the date of this order, returnable after four weeks.
5. The learned senior counsel for the petitioner has prayed for interim stay during the pendency of revision application. The learned senior counsel has also submitted that the money suit is fixed before the Trial Court on 26.09.2024. The learned counsel for the petitioner may inform the Trial Court regarding the pendency of this Civil Revision Petition and may pray for appropriate relief before the Trial Court.
6. List accordingly.
JUDGE Comparing Assistant