The Gauhati High Court disposed of an interlocutory application arising from a linked case. The court vacated an interim order previously passed on 13.03.2018 in the underlying matter.
The interim order passed on 13.03.2018 is vacated; the present interlocutory application is disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/4
GAHC010003322017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./124/2018
ICICI LOMBARD GENERAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT ICICI BANK BANK TOWERS BANDRA KURLA COMPLEX, MUMBAI 400051 AND AND A BRANCH OFFICE AT MADHAB TOWER, 3RD FLOOR, RUKMINIGAON, G.S. ROAD, GUWAHATI 781022
VERSUS
SMTI SUKLA DEVI and 3 ORS
R/O QRT NO. 28/B (TYPE III), REST CAMP , P.S. JALUKBARI,GUWAHATI 781012, DIST. KAMRUP (ASSAM)
2:CHIRANJIT SIL
C/O 346 G.T. ROAD P.S. BARDHAMAN DIST. BARDHAMAN WEST BENGAL PIN 713101
3:BAPPA MALLICK CO 346 G.T. ROAD P.S. BARDHAMAN DIST. BARDHAMAN WEST BENGAL PIN 713101 (OWNER OF VEHICLE NO. WB-41/C-3442 (TRUCK))
4:INDRAJIT DEY C/O M.L. DEY R/O W.W. COLONY
Page No.# 2/4
H/ NO. 67 PANDU COLLEGE GATE GUWAHATI 781012 (OWNER OF THE VEHICLE NO. AS-01-AW-3260 (INDICA VISTA))
5:THE ORIENTAL INSURANCE CO. LTD. CHANDMARI BRANCH CITY DIVISION OFFICE NO. III M.R.D. ROAD CHANDMARI GUWAHATI 781003 (INSURER OF THE VEHICLE NO. AS-01-AW-3260 (INDICA VISTA)
Advocate for the Petitioner : MR. R GOSWAMI
Advocate for the Respondent : MR. S K GOSWAMI (R5)
Linked Case : I.A.(Civil)/645/2018
ICICI LOMBARD GENERAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT ICICI BANK BANK TOWERS BANDRA KURLA COMPLEX MUMBAI 400051 AND AND A BRANCH OFFICE AT MADHAB TOWER 3RD FLOOR RUKMINIGAON G.S. ROAD GUWAHATI 781022
VERSUS
SMTI SUKLA DEVI and 3 ORS R/O QRT NO. 28/B (TYPE III) REST CAMP P.S. JALUKBARI GUWAHATI 781012 DIST. KAMRUP (ASSAM)
2:CHIRANJIT SIL
C/O 346 G.T. ROAD P.S. BARDHAMAN
Page No.# 3/4
DIST. BARDHAMAN WEST BENGAL PIN 713101 3:BAPPA MALLICK CO 346 G.T. ROAD P.S. BARDHAMAN DIST. BARDHAMAN WEST BENGAL PIN 713101 (OWNER OF VEHICLE NO. WB-41/C-3442 (TRUCK)) 4:INDRAJIT DEY C/O M.L. DEY R/O W.W. COLONY H/ NO. 67 PANDU COLLEGE GATE GUWAHATI 781012 (OWNER OF THE VEHICLE NO. AS-01-AW-3260 (INDICA VISTA)) 5:THE ORIENTAL INSURANCE CO. LTD. CHANDMARI BRANCH CITY DIVISION OFFICE NO. III M.R.D. ROAD CHANDMARI GUWAHATI 781003 (INSURER OF THE VEHICLE NO. AS-01-AW-3260 (INDICA VISTA))
-----------Advocate for : MR. R GOSWAMI
Advocate for : MR. K K BHUYAN (R2 & 3) appearing for SMTI SUKLA DEVI and 3 ORS
Page No.# 4/4
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
09.03.2023
In view of the order passed today in I.A.(Civil) No. 473/2023, this interlocutory application is also disposed of.
Interim order passed on 13.03.2018 stands vacated.
JUDGE
Comparing Assistant
ICICI Lombard General Insurance Co. Ltd.
Smti Sukla Devi
Chiranjit Sil
Bappa Mallick
Indrajit Dey
The Oriental Insurance Co. Ltd.
Soumitra Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
