Gauhati High Court
I.A.(Civil)/2257/2026 of GO DIGIT GENERAL INSURANCE CO LTD Vs SRI BIRENDRA KALITA on 13 September 2026
GAHC010231252025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2257/2026 GO DIGIT GENERAL INSURANCE CO LTD HAVING ITS OFFICE AT 2ND FLOOR UNIT NO.202 ROYAL CENTRE ULUBARI G.S ROAD OPPOSITE S.B.DEORA COLLEGE REVENUE VILLAGE
GAHC010231252025
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2257/2026
GO DIGIT GENERAL INSURANCE CO LTD
HAVING ITS OFFICE AT 2ND FLOOR
UNIT NO.202 ROYAL CENTRE
ULUBARI
G.S ROAD
OPPOSITE S.B.DEORA COLLEGE
REVENUE VILLAGE
MOUZA ULUBARI
GUWAHATI ASSAM-781007
HAVING ITS REGISTERED OFFICE AT 1ST TO 6TH FLOOR
ANANTA ONE AR ONE PRIDE HOTEL LANE
NARVEER TANAJI WADI
CITY SUREVY NO 1579
(BHAMBURDA) SHIVAJI NAGAR PUNE 411005 MAHARASTRA.
VERSUS
SRI BIRENDRA KALITA
S /O LATE MIHI RAM KALITA RESIDENTS OF- R/O-VILL-GHURAMARA
HOUSE NO.27
P.S.HATIGAON DIST-KAMRUPM
ASSAM.PIN-781038. CLAIMANTS
2:NITUL KALITA
S/O SRI BIRENDRA KALITA
3:NIYAR KALITA
S/O SRI BIRENDRA KALITA
Page No.# 2/5
4:ZARIN KALITA
S/O SRI BIRENDRA KALITA
ALL ARE R/O VILL. GHURAMARA
NABUDOI NAGAR PATH
HOUSE NO 27
P.S. HATIGAON
DIST. KAMRUP (M)
ASSAM
PIN781038
5:JOYMOTI BORO
S/O SRI MONI RAM BORO
R/O HOUSE NO 71
BHETAPARA
OPPOSITE CENTRAL BANK OF INDIA
DIST. KAMRUP (M)
ASSAM
PIN 781028
6:RAJENDRA SARMA
S/O SUTTAR SARMA
R/O GITANAGAR
AIDC
H/N 28
P.S. GITANAGAR
DIST. KAMRUP (M)
ASSAM
PIN 781021
------------
Advocate for : MONDAKINI SAIKIA
Advocate for : appearing for SRI BIRENDRA KALITA
in
MACApp./356/2026
GO DIGIT GENERAL INSURANCE CO LTD
HAVING ITS OFFICE AT 2ND FLOOR, UNIT NO.202 ROYAL
CENTRE, ULUBARI, G.S ROAD, OPPOSITE S.B.DEORA
COLLEGE, REVENUE VILLAGE, MOUZA ULUBARI, GUWAHATI ASSAM-781007, HAVING ITS REGISTERED
OFFICE AT 1ST TO 6TH FLOOR, ANANTA ONE AR ONE PRIDE
HOTEL LANE, NARVEER TANAJI WADI, CITY SUREVY NO
1579, (BHAMBURDA) SHIVAJI NAGAR PUNE 411005
MAHARASTRA.
VERSUS
SRI BIRENDRA KALITA
S/O LATE MIHI RAM KALITA
2:NITUL KALITA
S/O SRI BIRENDRA KALITA
3:NIYAR KALITA
S/O SRI BIRENDRA KALITA
4:ZARIN KALITA
S/O SRI BIRENDRA KALITA
ALL ARE R/O VILL. GHURAMARA
NABUDOI NAGAR PATH
HOUSE NO 27
P.S. HATIGAON
DIST. KAMRUP (M)
ASSAM
PIN781038
5:JOYMOTI BORO
S/O SRI MONI RAM BORO
R/O HOUSE NO 71
BHETAPARA
OPPOSITE CENTRAL BANK OF INDIA
DIST. KAMRUP (M)
ASSAM
PIN 781028
6:RAJENDRA SARMA
S/O SUTTAR SARMA
R/O GITANAGAR
AIDC
H/N 28
P.S. GITANAGAR
DIST. KAMRUP (M)
ASSAM
PIN 78102
Advocate for the Petitioner : MONDAKINI SAIKIA, MS. M SAIKIA,MS. P
BORTHAKUR
Advocate for the Respondent : , MR A N IQBAL(R1,2,3,4),MR. S
RAHMAN(R1,2,3,4)
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
14.09.2026 [1] Heard Mr. R. Goswami, the learned counsel for the applicant. [2] This interlocutory application under Order XLI Rule 5 of Code of Civil Procedure, 1908 has been preferred by applicant/insurance company in connection with MAC Appeal No. 356/2026, praying for stay of execution of the impugned judgment and award dated 21.06.2025, passed in MAC Case No. 2110/2022 by the learned MACT No. 2, Kamrup (M). [3] The learned counsel for the applicant submits that the applicant/insurance company has impugned the aforesaid judgment in the connected appeal and the said appeal has already been admitted. He further submits that the applicant/insurance company is also agreeable to deposit 50% of the awarded amount as a condition for grant of stay of execution of the impugned judgment and award. As such, the notice to the opposite parties in this interlocutory application is waived and this interlocutory application is allowed. [4] The execution of the impugned judgment and award dated 21.06.2025, passed in MAC Case No. 2110/2022 by the learned MACT No. 2, Kamrup (M) shall remain stayed during the pendency of the connected MAC Appeal No. 356/2026, subject to deposit of 50% of the awarded amount by the applicant/insurance company before the Registry of this Court within a period of 6(six) weeks from the date of this order. [5] This interlocutory application is, accordingly, disposed of.
JUDGE Comparing Assistant