CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED v. ON THE DEATH OF SRI CHAKRA BAHADUR DORJEE @ MANUJ HIS LEGAL HEIRS AND 2 ORS(Deceased)
I.A.(Civil)/417/2026 · 2026-04-19
Mridul Kumar Kalita
body2026
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[ 2026 DAILYLAW 4492 (GAU) · dailylaw.ai ]
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[ 2026 DAILYLAW 4492 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010038272020
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/417/2026 CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE 2ND FLOOR NP. 2 N.S.C. BOSE ROAD CHENNAI- 600001 AND ITS BRANCH OFFICE AT AASTHA PLAZA 4TH FLOOR OPP. TO S.B. DEORAH COLLEGE G.S. ROAD GUWAHATI REP. BY ITS BRANCH MANAGER AS O.P. NO. 3 IN MAC CASE NO. 29/2018. VERSUS ON THE DEATH OF SRI CHAKRA BAHADUR DORJEE @ MANUJ HIS LEGAL HEIRS AND 2 ORS(Deceased) S/O- SRI PUSPA BAHADUR DORJEE R/O- VILL. MERAGURIA GAON P.S. AND P.O. LALUK DIST.- LAKHIMPUR ASSAM PIN- 787160 (CLAIMANT) 1.1:SMTI. DALIMI GOGOI DORJEE R/O- VILL. MERAGURIA GAON P.S. AND P.O. LALUK DIST.- LAKHIMPUR ASSAM PIN- 787160 1.2:MISS RASHMI DORJEE R/O- VILL. MERAGURIA GAON P.S. AND P.O. LALUK DIST.- LAKHIMPUR
Page No.# 2/4 ASSAM PIN- 787160 1.3:SRI PUSPA BAHADUR DORJEE R/O- VILL. MERAGURIA GAON P.S. AND P.O. LALUK DIST.- LAKHIMPUR ASSAM PIN- 787160 1.4:SRI PABITRA DORJEE R/O- VILL. MERAGURIA GAON P.S. AND P.O. LALUK DIST.- LAKHIMPUR ASSAM PIN- 787160 2:MOUSAM CHANGKAKOTI S/O- SRI BUDHESWAR GOGOI R/O- H/N-2 NATUN PATH HATIGAON P.O. CHARIALI SUB OFFICE PS. HATIGAON DIST.- KAMRUP ASSAM PIN- 781038. (OWNER OF THE VEHICLE AR-01-G-3988 (BUS)) 3:HABIZUDDIN AHMED S/O- ABDUL HANIF ALI C/O- MR. B MALLICK H/N-12 WARD NO. 4 GOPINATH NAGAR P.O. AND P.S. DISPUR DIST.- KAMRUP ASSAM PIN- 781016. ( DRIVER OF THE VEHICLE AR-01-G-3988 (BUS)) ------------ Advocate for : MR. R GOSWAMI Advocate for : MR. B. CHETRI appearing for ON THE DEATH OF SRI CHAKRA BAHADUR DORJEE @ MANUJ HIS LEGAL HEIRS AND 2 ORS(Deceased)
In
Page No.# 3/4 MacApp. Case No. 523/2025
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 20.04.2026 [1] Heard Mr. R. Goswami, the learned counsel for the applicant. Also heard Mr. B. Chetri, the learned counsel for the respondents/claimants. [2] This application under Order XLI Rule V of the Code of Civil Procedure, 1908 has been filed by the applicant/insurance company in connection with MAC Appeal No. 523/2025 praying for stay of execution of impugned judgement and award during the pendency of the connected appeal. [3] The learned counsel for the applicant has submitted that the applicant/insurance company is ready to deposit 50% of the awarded amount as a condition for grant of stay of execution of the impugned judgement and award.
[4] The learned counsel for the opposite parties/claimants is also agreeable to said offer and therefore, he does not oppose the prayer for grant of stay. [5] Accordingly, this interlocutory application (civil) is allowed. [6] The execution of impugned judgement and award dated 22.10.2019, passed in MAC Case No. 29/2018, shall remain stayed
Page No.# 4/4 during the pendency of the connected MAC Appeal No. 523/2025, subject to deposit of 50% of the awarded amount filed by the claimants/insurance company before the Registry of this court within 6 (six) weeks from the date of this order. [7] In the event of such deposit, the Registry shall disburse the same to the claimants after proper verification. [8] This interlocutory application (civil) is accordingly disposed of. JUDGE Comparing Assistant