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2026 DAILYLAW 2786 (GAU)

SMTI MONA CHETTRI AND 2 ORS v. MAGMA HDI GENERAL INSURANCE CO LTD

I.A.(Civil)/953/2026 · 2026-03-22

Mridul Kumar Kalita

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010048072026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/953/2026 SMTI MONA CHETTRI AND 2 ORS W/O LATE KISHAN BAHADUR CHETRI 2: PRINCE CHETRI S/O. LT. KISHAN BAHADUR CHETTRI 3: PRINIDHI CHETRI D/O. LT. KISHAN BAHADUR CHETTRI ALL ARE R/O. VILL.- ROUMARI P/O. MANSHRI P/S. TEZPUR DIST. SONITPUR ASSAM PIN-78212 VERSUS MAGMA HDI GENERAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24, PARK STREET, KOLKATA-700016 AND A REGIONAL OFFICE AT BLOCK 3B, B201- 202 ECOSPACE BUSINESS PARK, AMBUJA REALITY CAMPUS, ACTION AREA 110, NORTH TWENTY FOUR PARGANA, WEST BENGAL AND BRANCH OFFICE AT F-FORT BUILDING, 2ND FLOOR, SOUTH SARANIA, G.S. ROAD, GUWAHATI-781007. Advocate for the Petitioner : MR. S HAZARIKA, Advocate for the Respondent : MR. R GOSWAMI, Page No.# 2/4 in Case : MACApp./299/2025 MAGMA HDI GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24 PARK STREET KOLKATA-700016 AND A REGIONAL OFFICE AT BLOCK 3B B201-202 ECOSPACE BUSINESS PARK AMBUJA REALITY CAMPUS ACTION AREA 110 NORTH TWENTY FOUR PARGANA WEST BENGAL AND BRANCH OFFICE AT F-FORT BUILDING 2ND FLOOR SOUTH SARANIA G.S. ROAD GUWAHATI-781007. VERSUS MONA CHETTRI AND 4 ORS W/O. LT. KISHAN BAHADUR CHETTRI 2:PRINCE CHETRI S/O. LT. KISHAN BAHADUR CHETTRI 3:PRINIDHI CHETRI D/O. LT. KISHAN BAHADUR CHETTRI ALL ARE R/O. VILL.- ROUMARI P/O. MANSHRI P/S. TEZPUR DIST. SONITPUR ASSAM PIN-782125 RESPONDENT NO. 2 AND 3 BEING MINORS ARE REP. BY HIS LEGAL GUARDIAN MOTHER RESPONDENT NO. 1. 4:ABDUL JALIL S/O. LT. AMJAT ALI @ AMJAD ALI R/O. VILL.- BINIA GAON P/O. PANCHMILE P/S. TEZPUR DIST. SONITPUR ASSAM PIN-784025. Page No.# 3/4 5:MOYANUL ISLAM S/O. ABACH ALI @ ABASH ALI R/O. VILL.- TENGAKHUTI P/O. AND P/S. TEZPUR DIST. SONITPUR ASSAM PIN-784025. ------------ Advocate for : MS. M SAIKIA Advocate for : K BHARALI (R-1 2 3) appearing for MONA CHETTRI AND 4 ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 23.03.2026 [1] Heard Mr. S. Hazarika, the learned counsel for the applicants. Also heard Ms. P. Borthakur, the learned counsel for the respondent/insurance company. [2] This interlocutory application has been filed by the applicants/claimants praying for allowing the claimants to withdraw the 50% of the awarded amount, which was deposited by the insurance company before the Registry of this court, in pursuant to the directions passed by this court, by its order dated 25.07.2025, passed in I.A.(Civil) No. 2288/2025. [3] The learned counsel for the insurance company has raised no objection to the prayer made by the learned counsel for the applicants. Page No.# 4/4 [4] Hence, the prayer is allowed. [5] The Registry is directed to disburse the 50% of the awarded amount, which was deposited by the insurance company before it, in pursuant to this court’s order after proper verification. [6] This Interlocutory Application (Civil) is, accordingly, disposed of. JUDGE Comparing Assistant