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2026 DAILYLAW 11922 (GAU)

SHYAM SUNDAR AGARWAL v. THE ORIENTAL INSURANCE CO LTD

I.A.(Civil)/1286/2026 · 2026-08-11

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/6 GAHC010079192026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1286/2026 SHYAM SUNDAR AGARWAL S/O LATE SITA RAM AGARWAL, OPPOSITE BORA SERVICE STATION, G.S. ROAD, ULUBARI, DIST.- KAMRUP (M), ASSAM, PIN- 781007. 2: M/S TIRUPATI COMMUNICATION PROPRIETOR CONCERN OF SRI SHYAM SUNDAR AGARWAL S/O LATE SITA RAM AGARWAL OPPOSITE BORA SERVICE STATION G.S. ROAD ULUBARI GUWAHATI P.O.- ULUBARI DIST.- KAMRUP (M) ASSAM PIN- 781007 VERSUS THE ORIENTAL INSURANCE CO LTD REP. BY ITS CHAIRMAN CUM MANAGING DIRECTOR, HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27, ASAF ALI ROAD, P.O.- AJMERI GATE EXTENSION, NEW DELHI, PIN- 110002. REP. BY ORIENTAL INSURANCE COMPANY LTD. (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI- 781007 REP. BY THE MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI- 781007. 2:THE REGIONAL MANAGER THE ORIENTAL INSURANCE COMPANY LTD. REGIONAL OFFICE AT ULUBARI Page No.# 2/6 GUWAHATI P.O.- ULUBARI DIST.- KAMRUP (M) ASSAM PIN- 781007. REP. BY ORIENTAL INSURANCE COMPANY LTD. (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI- 781007 REP. BY THE MANAGER GAUHATI REGIONAL OFFICE ULUBARI GUWAHATI- 781007. 3:THE ORIENTAL INSURANCE COMPANY LIMITED KHANAPARA BRANCH SABITRI BUILDING SIX MILE G.S. ROAD GUWAHATI P.O.- KHANAPARA DIST.- KAMRUP (M) ASSAM PIN- 781022. REP. BY ORIENTAL INSURANCE COMPANY LTD. (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI- 781007 REP. BY THE MANAGER GAUHATI REGIONAL OFFICE ULUBARI GUWAHATI- 781007 Advocate for the Petitioner : MR G N SAHEWALLA, MD ASLAM,MR H K SARMA,MS K BHATTACHARYYA,MS K SARMA Advocate for the Respondent : MS. R D MOZUMDAR, MS. C MOZUMDAR,MR. S P SHARMA Linked Case : RFA/20/2024 THE ORIENTAL INSURANCE CO. LTD. AND 2 ORS. REP. BY ITS CHAIRMAN CUM MANAGING DIRECTOR HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A-25/27 ASAF ALI ROAD Page No.# 3/6 P.O.- AJMERI GATE EXTENSION NEW DELHI PIN- 110002. REP. BY ORIENTAL INSURANCE COMPANY LTD. (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI- 781007 REP. BY THE MANAGER GAUHATI REGIONAL OFFICE ULUBARI GUWAHATI- 781007. 2: THE REGIONAL MANAGER THE ORIENTAL INSURANCE COMPANY LTD. REGIONAL OFFICE AT ULUBARI GUWAHATI P.O.- ULUBARI DIST.- KAMRUP (M) ASSAM PIN- 781007. REP. BY ORIENTAL INSURANCE COMPANY LTD. (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI- 781007 REP. BY THE MANAGER GAUHATI REGIONAL OFFICE ULUBARI GUWAHATI- 781007. 3: THE ORIENTAL INSURANCE COMPANY LIMITED KHANAPARA BRANCH SABITRI BUILDING SIX MILE G.S. ROAD GUWAHATI P.O.- KHANAPARA DIST.- KAMRUP (M) ASSAM PIN- 781022. REP. BY ORIENTAL INSURANCE COMPANY LTD. (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI- 781007 REP. BY THE MANAGER GAUHATI REGIONAL OFFICE ULUBARI Page No.# 4/6 GUWAHATI- 781007. VERSUS SHYAM SUNDAR AGARWAL AND ANR. S/O LATE SITA RAM AGARWAL OPPOSITE BORA SERVICE STATION G.S. ROAD ULUBARI DIST.- KAMRUP (M) ASSAM PIN- 781007. 2:M/S TIRUPATI COMMUNICATION PROPRIETOR CONCERN OF SRI SHYAM SUNDAR AGARWAL S/O LATE SITA RAM AGARWAL OPPOSITE BORA SERVICE STATION G.S. ROAD ULUBARI GUWAHATI P.O.- ULUBARI DIST.- KAMRUP (M) ASSAM PIN- 781007. ------------ Advocate for : MS. R D MOZUMDAR Advocate for : MR G N SAHEWALLA appearing for SHYAM SUNDAR AGARWAL AND ANR. Linked Case : CO/10/2024 SHYAM SUNDAR AGARWAL AND ANR. S/O LATE SITA RAM AGARWAL OPPOSITE BORA SERVICE STATION G.S. ROAD ULUBARI DIST.- KAMRUP (M) ASSAM PIN- 781007. 2: M/S TIRUPATI COMMUNICATION PROPRIETOR CONCERN OF SRI SHYAM SUNDAR AGARWAL S/O LATE SITA RAM AGARWAL Page No.# 5/6 OPPOSITE BORA SERVICE STATION G.S. ROAD ULUBARI GUWAHATI P.O.- ULUBARI DIST.- KAMRUP (M) ASSAM PIN- 781007. VERSUS THE ORIENTAL INSURANCE CO. LTD. AND 2 ORS. REP. BY ITS CHAIRMAN CUM MANAGING DIRECTOR HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A-25/27 ASAF ALI ROAD P.O.- AJMERI GATE EXTENSION NEW DELHI PIN- 110002. REP. BY ORIENTAL INSURANCE COMPANY LTD. (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI- 781007 REP. BY THE MANAGER GAUHATI REGIONAL OFFICE ULUBARI GUWAHATI- 781007. 2:THE REGIONAL MANAGER THE ORIENTAL INSURANCE COMPANY LTD. REGIONAL OFFICE AT ULUBARI GUWAHATI P.O.- ULUBARI DIST.- KAMRUP (M) ASSAM PIN- 781007. REP. BY ORIENTAL INSURANCE COMPANY LTD. (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI- 781007 REP. BY THE MANAGER GAUHATI REGIONAL OFFICE ULUBARI GUWAHATI- 781007. 3:THE ORIENTAL INSURANCE CO. LTD. Page No.# 6/6 KHANAPARA BRANCH SABITRI BUILDING SIX MILE G.S. ROAD GUWAHATI P.O.- KHANAPARA DIST.- KAMRUP (M) ASSAM PIN- 781022. REP. BY ORIENTAL INSURANCE COMPANY LTD. (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI- 781007 REP. BY THE MANAGER GAUHATI REGIONAL OFFICE ULUBARI GUWAHATI- 781007. ------------ Advocate for : MR G N SAHEWALLA Advocate for : MS. R D MOZUMDAR (r-1 2 3) appearing for THE ORIENTAL INSURANCE CO. LTD. AND 2 ORS. BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 12.08.2026 Heard Ms. S. Todi, learned counsel appearing for the applicant. Also heard Ms. R.D. Mozumdar, learned counsel appearing for the opposite party Nos. 1, 2 and 3. List the matter for hearing along with RFA/20/2024 on 29.09.2026. The I.A. stands disposed of as allowed. JUDGE Comparing Assistant