[Cites 1, Cited by 0]
Gauhati High Court
The Oriental Insurance Co. Ltd vs Sri Nishanta Tamuli And 2 Ors on 10 February, 2026
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GAHC010098212022
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./266/2022
THE ORIENTAL INSURANCE CO. LTD.,
A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956. REP. BY ITS
REGIONAL MANAGER, ULUBARI, GUWAHATI-7.
VERSUS
SRI NISHANTA TAMULI AND 2 ORS
- S/O- SRI GUNA KANTA TAMULI, R/O- VILL.- MAJGAON TAMULI
CHUBURI, P.O. AND P.S. TEZPUR, DIST.- SONITPUR, ASSAM, PIN- 784001
2:SUNIL SARAF
S/O- LATE S. SARAF
R/O- VILL.- BISHNU RAVA PATH
P.O. AND P.S. TEZPUR
DIST.- SONITPUR
ASSAM
PIN- 784001.
3:SRI PUYUSH LUGUN
S/O- LATE KENURAM LUGUN
R/O- VILL.- BORGHAT
P.O. AND P.S. TEZPUR
DIST.- SONITPUR
ASSAM
PIN- 784001
Advocate for the Petitioner : MR. S K GOSWAMI, MR. N BARMAN,MR. R SHARMA
Advocate for the Respondent : MR H J TAMULI, MR H J TAMULI (r-1)
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BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 10.02.2026
Heard Mr. R. Sharma, learned counsel appearing for the
petitioner. Also heard Mr. H. J. Tamuli, learned counsel appearing for
the respondents.
2. This matter was listed today under the column, "For Referral to
the Special Mediation Drive-Mediation 'For the Nation'" as per the
Standard Operating Procedure (SOP) as approved by the Executive
Chairman, National Legal Services Authority (NALSA) and Chairman,
Mediation and Conciliation Project Committee (MCPC) for the
Campaign - Mediation 'For the Nation'.
3. The aforesaid Standard Operating Procedure reads as under:-
"ANNEXURE-A
The Standard Operating Procedure as approved by the
Hon'ble Executive Chairman NALSA and Chairman, MCPC
for the Campaign-Mediation 'For the Nation'.
1. TIME LINE
1st JULY TO 31st JULY- Case Identification, Information to
parties and referral to Mediators. (Note-Efforts for mediation
will begin soon after referral to Mediator)
July 2025- VC of His Lordship Hon'ble Justice Surya Kant
with Chief Justices and Members of Mediation Monitoring
Committees of all High Courts of India. (Date of VC will be
communicated in due course)
31-7-2025- Transmission of data to MCPC by all the High
Courts as to total matters pending as well as referred to
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mediation under each category in the State on the dedicated
email id (dedicated email id will be shared to all High Courts
in due course)
4th, 11th, 18th, 25th August and 1st , 8th , 15th and 22nd
September 2025 - Transmission of data as to matter settled
through mediation to the MCPC by the SLSA on the dedicated
email.
6-10-2025- Transmission of data as to total matters referred
to Mediation and total matters settled to the MCPC by the
High Court on the dedicated email (format is given in this
SOP-Annexure A)
7th October 2025- Press Release by each SLSA/Mediation
Monitoring Committee of the High Court
Action by the High Court/District Court/Taluka Court
2. All matters having elements of settlement including
matters pending under each of the following categories may
be referred for mediation.
MATRIMONIAL DISPUTES CASES,
ACCIDENT CLAIMS CASES,
DOMESTIC VIOLENCE CASES,
CHEQUE BOUNCE CASES,
COMMERCIAL DISPUTES CASES
SERVICE MATTERS CASES,
CRIMINAL COMPOUNDABLE CASES,
CONSUMER DISPUTES CASES,
DEBT RECOVERY CASES,
PARTITION CASES,
EVICTION CASES,
LAND ACQUISITION CASES,
OTHER SUITABLE CIVIL CASES
3. High Courts and District Courts may identify suitable
cases from their database irrespective of the date fixed in the
matter. For notice/intimation to the parties, the Courts may
list them in the Cause list from 01-07-2025 to 31-07-25
under the Heading -"For Referral to the Special Mediation
Drive-Mediation 'For the Nation'.
4. All such matters should be referred in which there exists
an element of settlement.
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5. Referral order should contain first date of mediation as
well as mobile number and email id of the coordinator of the
Mediation Centre where the parties are to appear for
settlement efforts.
Action by SLSA/DLSA/TLSC/Mediation Centre
6. All existing Mediators including the Mediators who have
undergone 40 Hours Mediation Training recently shall be
involved in this Campaign and matters shall be marked to
them.
7. Mediation settlement efforts shall be made on all 7 days of
the week as per the convenience of the parties.
8. Parties willing to appear online shall be allowed to appear
online.
9. Mediation may be completely in offline mode (physical
mode), completely in online mode or in Hybrid mode.
10. Taluka or District Legal Services Authority shall facilitate
online mediation.
11. Help of counselors, subject matter experts may be taken
in the special campaign wherever required.
12. Entire data of cases settled shall be transmitted to the
MCPC in tabular chart containing case no., name of the
parties, Referral Court's name, category/nature of the case,
name of the mediator, first mediation date and final result
date.
Referral Category/
Case Parties' First date of Final Result
Sl.No Court's Nature of Mediator
No. Name mediation Date
Name Case
Action by SLSA/High Court Mediation Monitoring Committee
13. Wide publicity in the print and electronic media should be
given to this Mediation Campaign-Mediation 'For the Nation'
by the SLSA/High Court Mediation Monitoring committee in
regional languages also. The SLSA/High Court Mediation
Monitoring Committee may get the campaign document and
all other relevant materials translated in to the regional
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languages of the State.
14. Mediation Monitoring Committee of the High Court may
monitor the mediation campaign to ensure its success.
15. Concerned High Court may make its own strategy for
ensuring success of this campaign.
Action by Secretary MCPC
16. MCPC shall request the NJA Bhopal to conduct intensive
study on all aspects of the campaign including its impact in
association with such National Law Universities which It
deems fit.
17. MCPC shall inform the Secretary to the Government of
India about this campaign."
4. Pertinent that prior to listing of the said matter in terms of the
aforesaid SOP, the cases suitable for referral to the Mediation Centre
were identified and thereafter, the parties were notified through their
Legal Counsels for taking their consent for referring the case for
mediation as per the SOP.
5. The instant writ petition being one of such case has been listed
today in order to ascertain whether the parties are agreeable and
willing for referring the instant case for mediation.
6. Mr. R. Sharma, learned counsel appearing for the petitioner, on
instruction, submits that the appellant is willing and agreeable to have
the matter place before the mediation.
7. However, Mr. H. J. Tamuli, learned counsel appearing for the
respondents submits that the respondents are unwilling and un-
agreeable to refer the matter for mediation.
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8. That being so, list the matter for hearing in the usual course.
9. A copy of this order be furnished to all the learned counsels for
the parties.
JUDGE
Comparing Assistant
