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2026 DAILYLAW 2847 (GAU)

CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED v. ANITA DAS @ PRENITA DAS AND 7 ORS.

I.A.(Civil)/252/2026 · 2026-02-05

Susmita Phukan Khaund

body2026

Judgment text

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Page No.# 1/3 GAHC010255402025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/252/2026 CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT SHAW WALLACE BUILDING, NEW NO. 319, OLD NO. 154, 2ND FLOOR, THAMBU CHETTY, CHENNAI, PIN- 600001, INDIA, ITS ZONAL OFFICE AT OFFICE NO. 201 AND 202, L AND T CHAMBERS, 2ND FLOOR, 16 CAMAC STREET, KOLKATA- 700017 AND ITS GUWAHATI REGIONAL OFFICE AT 4TH FLOOR, AASTHA PLAZA, BORA SERVICE, G.S. ROAD, GUWAHATI, KAMRUP (M), ASSAM- 781007 REPRESENTED BY THE DEPUTY MANAGER, LEGAL CLAIMS OF GUWAHATI REGIONAL OFFICE VERSUS ANITA DAS @ PRENITA DAS AND 7 ORS. WIFE OF LATE DIPAK DAS @ DIPOK DAS, R/O KALIKUCHI SULTANPARA, P.O.- AZARA, P.S.- AZARA, DIST- KAMRUP, ASSAM, PIN CODE-781017 2:SWATI DAS DAUGHTER OF LATE DIPAK DAS @ DIPOK DAS R/O KALIKUCHI SULTANPARA P.O.- AZARA P.S.- AZARA DIST- KAMRUP ASSAM PIN CODE-781017. BEING MINOR REPRESENTED BY RESPONDENT NO. 1 3:BIRAJ DAS SON OF LATE DIPAK DAS @ DIPOK DAS R/O KALIKUCHI SULTANPARA P.O.- AZARA P.S.- AZARA DIST- KAMRUP ASSAM Page No.# 2/3 PIN CODE-781017. BEING MINOR REPRESENTED BY RESPONDENT NO. 1 4:RENU DAS WIFE OF LATE KARUNA DAS R/O KALIKUCHI SULTANPARA P.O.- AZARA P.S.- AZARA DIST- KAMRUP ASSAM PIN CODE-781017. BEING MINOR REPRESENTED BY RESPONDENT NO. 1 5:CHITTURI VENKATARANGA RAO CARE OF MANIKONDA NAGA KISHORE RESIDENT OF DHANA KOTESWARAO ST VANTHINA DWON PENAMALURU KRISHNA ANDHRA PRADESH PIN CODE- 521139. 6:AMANULLU SHAIK SON OF S. SHAIK RESIDENT OF PENAMALURU VIJAYWADA ANDHRA PRADESH PIN CODE-521139 7:HDFC ERGO GENERAL INSURANCE COMPANY LIMITED REPRESENTED BY GENERAL MANAGER ADITYAM BUILDING 6TH FLOOR G.S. ROAD LACHIT NAGAR GUWAHATI KAMRUP (M) ASSAM PIN CODE-781007 8:DHAN SHARMA SON OF LATE KRISHNA SHARMA RESIDENT OF PATGAON POST OFFICE- AZARA POLICE STATION- AZARA KAMRUP ASSAM PIN CODE-78101 Advocate for the Petitioner : MR T KALITA, MR. A KAKATI Page No.# 3/3 Advocate for the Respondent : MR. A R AGARWALA, MR ADITYA AGARWALA,MD. K ALI BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 06.02.2026 1. Heard learned Counsel Mr. A.Kalita for the applicant and Mr. A.R.Agarwala for the Caveator. 2. This interlocutory application under Section 5 of the Limitation Act, 1963 read with Section 173 of the M.V. Act has been filed praying for condoning delay of 24 days in preferring appeal against the Judgment and Order dated 08.05.2025 in MAC Case No. 1711/2022 passed by the learned Member, MACT No.2, Kamrup (M) at Guwahati in filing the connected MAC Appeal. 3. It is submitted by the applicant that the delay was not intentional. There was no malafide on the part of the applicant. The delay was the result of the decision forwarded to the head office. 4. It is submitted by learned counsel Mr. A.R.Agarwala that he has no objection if the delay of 24 days is condoned. 5. I have considered the submission at the bar with circumspection. No malafide could be deciphered. Accordingly delay of 24 days is hereby condoned. 6. Registry to register the connected MAC Appeal and reflect the name of the name Mr. A.R.Agarwala in the Cause List. JUDGE Comparing Assistant