CHOLAMANDALAM MS GENERAL INSURANCE CO LTD v. ROHIMA BIBI AND 5 ORS
I.A.(Civil)/123/2025 · 2026-05-21
Mridul Kumar Kalita
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3348 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3348 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010260762024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/123/2025 CHOLAMANDALAM MS GENERAL INSURANCE CO LTD HAVING ITS BRANCH OFFICE AT AASTHA PLAZA OPP. SB DEORAH COLLEGE, 4TH FLOOR, BORA SERVICE GUWAHATI DIST KAMRUP M ASSAM REPRESENTED BY ITS DEPUTY MANAGER, MR. KAIFI ANAM VERSUS ROHIMA BIBI AND 5 ORS W/O LATE SATTAR ALI, RESIDENT OF VILLAGE ASHARIKANDI (KORTIMARI) PO GOSSAIGAON, PO KORTIMARI, DIST KOKRAJHAR, ASSAM 783337 2:HASINA KHATUN D/O LATE SATTAR ALI
RESIDENT OF VILLAGE ASHARIKANDI (KORTIMARI) PO GOSSAIGAON PO KORTIMARI DIST KOKRAJHAR ASSAM 783337 3:JOHIRUL ISLAM S/O LATE SATTAR ALI
RESIDENT OF VILLAGE ASHARIKANDI (KORTIMARI) PO GOSSAIGAON PO KORTIMARI DIST KOKRAJHAR ASSAM 783337 4:MALIKON KHANOM W/O EMANNUR HUSSAIN RESIDENT OF VILLAGE GOBORDHAN PARA (NAYERALGA PS BILASIPARA DIST. DHUBRI
Page No.# 2/4 ASSAM 783348 5:UNITED INDIA INSURANCE CO. LTD. REPRESENTED BY ITS DIVISIONAL MANAGER BONGAIGAON ASSAM 6:MRS. ASHIMA BEGUM W/O SHAHABUDDIN AHMED
RESIDENT OF VILLAGE JOYPUR PART I PO AND PS TULSIBIL DIST KOKRAJHAR ASSAM 78333 Advocate for the Petitioner : MR. A BHATTACHARYYA, Advocate for the Respondent : MR. R GOSWAMI (R-5), MS. P BORTHAKUR(R-5),MS. M SAIKIA(R-5) In MACApp. Case No. 14790/2024 With MACApp. Case No. 14790/2024 (filing number) With IA( C) Case No. 14791/2024 (filing number)
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 22.05.2026 [1] Heard Mr. A. Bhattacharyya, the learned counsel appearing for the applicant. Also heard Mr. G.J. Sharma, the learned counsel for the respondent Nos. 1,2
Page No.# 3/4 and 3/claimants. Also heard Ms. M. Saikia, the learned counsel for the respondent No. 5. [2] This interlocutory application has been filed by the applicant/insurance company, namely, Cholamandalam MS General Insurance Co Ltd. praying for condonation of delay of 68 days in filing the connected MACAppeal, wherein, the judgment and award dated 27.06.2024, passed in MAC Case No. 23/2021(D) has been impugned. [3] The learned counsel for the claimants/respondents as well as the learned counsel for the respondent No. 5 submits that considering the grounds stated in the instant interlocutory application, they do not have any objection regarding the prayer made by the applicant for condonation of delay. [4] I have gone through the grounds stated in the application.
[5] Considering the said grounds to be sufficient cause which prevented the applicant in preferring the connected appeal within the prescribed period of limitation, the delay of 68 days in preferring the same is hereby condoned and this interlocutory application is allowed. [6] Registry is directed to register the connected MAC Appeal and list the same for admission on 26th June, 2026. Page No.# 4/4
JUDGE Comparing Assistant