Allowed

Swgwm Muchahary v. Bajaj Allianz General Insurance Company Limited and 2 Ors.

Gauhati HC15 Sept 2026I.A.(Civil)/2437/2026

Case brief

AI extract

What is this about?

Single Judge order allowing an application for condonation of delay (29 days) in filing a MAC appeal under Section 5 of the Limitation Act. Objection by respondent struck out. Registry instructed to admit appeal after listing.

What did the court decide?

Condonation of 29-day delay in filing the connected appeal and removal of respondents 2 and 3 from the array.

Swgwm Muchahary Vs Bajaj Allianz General Insurance… — Execution and Attachment | Gauhati HC (2026)

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GAHC010141332026

2026:GAU-AS:13701

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

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Case No. : I.A.(Civil)/2437/2026

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SWGWM MUCHAHARY

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S/O-GOPAL MUCHAHARY, VILL.-KAMARDWISA, P.O.-SIMLA, P.S.-SIMLA, DIST.-BAKSA, ASSAM-781330

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VERSUS

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BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED AND 2 ORS. REPRESENTED BY ITS REGIONAL MANAGER, G.S. ROAD, SHREEJI TOWERS, 3RD FLOOR, NEAR CHRISTIANBASTI, WALFORD, GUWAHATI, P.O.-BHANGAGARH, DIST.-KAMRUP M, ASSAM-781005 POLICY NO.OG-20-2405-1828-0000-2066 VALID FROM 13.08.2019 TO 12.08.2024

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2:GOPAL MUCHAHARY S/O-CHONDI CHORAN MUCHAHARY VILL.-KAMARDOICHA P.O.-KAMARDOICHA P.S.-SIMIA DIST.-BAKSA ASSAM PIN-781330 .REGD. OWNER OF THE OFFENDING VEHICLE NO.AS-28-B1744 MOTOR CYCLE 3:AJOY DAIMARY S/O- KHAGEN DAIMARY VILL.-KHAMARDWISA P.O.-KHAMARDWISA P.S.-SIMLA DIST.-BAKSA ASSAM PIN-781330. .DRIVER OF OFFENDING VEHICLE NO.AS-28-B-1744 MOTOR CYCL

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Page No.# 2/3

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Advocate for the Petitioner : T UDDIN, MR. S AHMED

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Advocate for the Respondent : MR. P M TALUKDAR(R1), MS. R HUSSAIN(R1),MR. R BAISHYA(R1)

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BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

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ORDER

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Date : 16/09/2026

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Heard learned counsel, Ms. S. Ahmed for the applicant is present. Also heard Ms. R. Hussain for the respondent No. 1/Bajaj Allianz General Insurance Company Limited.

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At the outset, the learned counsel for the respondent No. 1 prays that she may be allowed to file an objection in the instant application.

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This application has been filed under Section 5 of the Limitation Act praying for condoning 29 days in filing the connected appeal against the impugned judgment and award dated 09.03.2026 in MAC Case No. 1371/2021 passed by the learned MACT No. 3 Kamrup(M), Guwahati. The applicant has explained the reasons for the delay at paragraph 3, 4, 5 & 6 of the application. This Court has perused the same and finds that sufficient cause has been shown by the applicant explaining the delay of 29 days. This Court is of the view that no useful purpose will be served by allowing the respondent to file objection in the instant case. Accordingly, the delay of 29 days in filing the connected appeal is condoned and the application is allowed.

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The respondent Nos. 2 & 3 are struck off from the array of respondents as their presence is not necessary in the instant application.

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The Registry shall registered the main MAC Appeal and list the same for

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Admission hearing after 1 (one) week.

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JUDGE

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Comparing Assistant

Swgwm Muchahary v. Bajaj Allianz General Insurance Company Limited and 2 Ors.

Case brief

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Swgwm Muchahary v. Bajaj Allianz General Insurance Company Limited and 2 Ors.

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