Allowed

Go Digit General Insurance Co. Ltd. v. Sri Birendra Kalita

Gauhati HC13 Sept 2026I.A.(Civil)/2257/2026

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an interlocutory application for stay of execution of an MACT judgment and award. The court granted the stay subject to the applicant/insurance company depositing 50% of the awarded amount within six weeks.

What did the court decide?

Stay of execution of the impugned judgment and award granted, subject to deposit of 50% of the awarded amount within 6 weeks.

Go Digit General Insurance Co. Ltd. Vs Sri Birendra Kalita — Insurance | Gauhati HC (2026)

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GAHC010231252025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/2257/2026

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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.

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VERSUS

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SRI BIRENDRA KALITA S /O LATE MIHI RAM KALITA RESIDENTS OF- R/O-VILL-GHURAMARA NABUDOI NAGAR PATH HOUSE NO.27 P.S.HATIGAON DIST-KAMRUPM ASSAM.PIN-781038. CLAIMANTS 2:NITUL KALITA

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S/O SRI BIRENDRA KALITA

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3:NIYAR KALITA

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S/O SRI BIRENDRA KALITA

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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

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in MACApp./356/2026

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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

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1579, (BHAMBURDA) SHIVAJI NAGAR PUNE 411005 MAHARASTRA.

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VERSUS

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SRI BIRENDRA KALITA S/O LATE MIHI RAM KALITA

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2:NITUL KALITA

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S/O SRI BIRENDRA KALITA

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3:NIYAR KALITA

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S/O SRI BIRENDRA KALITA

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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

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5:JOYMOTI BORO

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S/O SRI MONI RAM BORO R/O HOUSE NO 71 BHETAPARA OPPOSITE CENTRAL BANK OF INDIA DIST. KAMRUP (M) ASSAM PIN 781028

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6:RAJENDRA SARMA

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S/O SUTTAR SARMA R/O GITANAGAR AIDC H/N 28 P.S. GITANAGAR DIST. KAMRUP (M) ASSAM

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PIN 78102

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Advocate for the Petitioner : MONDAKINI SAIKIA, MS. M SAIKIA,MS. P BORTHAKUR

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Advocate for the Respondent : , MR A N IQBAL(R1,2,3,4),MR. S RAHMAN(R1,2,3,4)

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BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

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ORDER

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14.09.2026

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[1] Heard Mr. R. Goswami, the learned counsel for the applicant.

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[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).

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[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

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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.

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[5] This interlocutory application is, accordingly, disposed of.

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JUDGE

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Go Digit General Insurance Co. Ltd. v. Sri Birendra Kalita

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Go Digit General Insurance Co. Ltd. v. Sri Birendra Kalita

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