Authority: Supreme Court of India

Order Date: 16-10-2026

Case Overview

  • Petitioners: Atashi Chowdhury (also styled as @MUKHERJEE @MUKHOPADHYAY) filed Special Leave Petition (Civil) Diary No. 56681/2026 arising from an impugned final judgment dated 13-01-2020 in FMA No. 756/2006 and RVW No. 107/2023 passed by the High Court at Calcutta.
  • Respondents: The New India Assurance Company Limited & Anr.
  • Interlocutory applications filed: IA No. 311702/2026 (condonation of delay), IA No. 311697/2026 (setting aside abatement), IA No. 311706/2026 (substitution), IA No. 311704/2026 (exemption from filing C/C), IA No. 311705/2026 (exemption from filing O.T.), IA No. 311694/2026 (permission to file petition), IA No. 311700/2026 (setting aside an abatement).
  • Coram: Hon'ble Mr. Justice Ujjal Bhuyan and Hon'ble Mr. Justice Atul S. Chandurkar.
  • Counsel for petitioners: Mr. Sukesh Ghosh, Adv.; Mr. Ashis Kumar Chowdhary, Adv.; Mr. Rajesh Kumar Singh, Adv.; Mr. Susanta Datta, Adv.; Mr. Arvind Kumar, Adv.; Ms. Sadhana Sandhu, Adv. (AOR).
  • No counsel listed for respondents.

Order Details

1. Permission to file the Special Leave Petition is granted.

2. The legal heir of Bela Mukherjee, who was the petitioner before the High Court, is to be substituted in the present proceedings.

3. Delay in filing the application for setting aside the abatement (IA No.311702/2026) is condoned.

4. The abatement is set aside.

5. Substitution application is allowed; the legal heir of Bela Mukherjee (Petitioner No.1) is permitted to be brought on record.

6. Interlocutory Applications No.s 311697/2026, 311700/2026 and 311702/2026 are disposed of.

7. Notice issued on both the Special Leave Petition and the application seeking condonation of delay, returnable on 12.01.2027.

Final Outcome

  • The Supreme Court has authorized the filing of the Special Leave Petition, substituted the legal heir of Bela Mukherjee as petitioner, condoned procedural delay, set aside the previously imposed abatement, and disposed of the related interlocutory applications, with further notice to be returned by 12 January 2027.

Topics: Legal Proceedings, Insurance