Page No.# 1/7 GAHC010067782025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/942/2025 KHUSHBU AGARWAL WIFE OF LATE JAY KUMAR AGARWAL RESIDENT OF C/O- SRI BIMAL KR. AGARWAL, 1ST FLOOR, B.K. DAS BUILDING, KRC ROAD, P.S.- BHARALUMIKH, GUWAHATI-9, KAMRUP (M), ASSAM. 2: SRI HITARTHA DHANOTIA S/O- LATE JAY KUMAR AGARWAL R/O- C/O- SRI BIMAL KR. AGARWAL 1ST FLOOR B.K. DAS BUILDING KRC ROAD P.S.- BHARALUMIKH GUWAHATI-9 KAMRUP (M) ASSAM 3: SMIT RANJU DEVI AGARWAL MOTHE OF LATE JAY KUMAR AGARWAL R/O-C/O- SRI BIMAL KR. AGARWAL 1ST FLOOR B.K. DAS BUILDING KRC ROAD P.S.- BHARALUMIKH GUWAHATI-9 KAMRUP (M) ASSA VERSUS M/S CHOLAMANDALAM GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE, 2ND FLOOR, NO.2, N.S.C BOSE ROAD, CHENNAI, 600001. AND ITS BRANCH OFFICE AT AASTHA PLAZA, 4TH FLOOR, OPPOSITE S.B. DEORAH COLLEGE, G.S. ROAD,ULUBARI,GUWAHATI-7 Page No.# 2/7 2:SRI PAPU KUMAR MANJHI S/O- CHAND RAMA MANJHI R/O-C/O-C.H. KHATTON HOUSE NO. 1 WARD NO.1 MILIJULI PATH BASISTHA DIST-KAMRUP (M) ASSAM-781028 3:SRI ARUP RAVA S/O- LATE ARUN RAVA R/O- KATHALUUTHI P.S-DHUPDHARA DRIST-GOALPARA ASSAM PIN-783123 4:SRI RAJENDRA KUMAR AGARWALA S/O-LATE RAM CHARAN BEZBARUAH R/O--C/O- SRI BIMAL KUMAR AGARWALA 1ST FLOOR B.K DAS BUILDING KRC ROAD P.S-BHARALUMUKH GUWAHATI-9 KAMRUP (M) ASSAM Advocate for the Petitioner : MR. A BORUA, Advocate for the Respondent : MR. R GOSWAMI, Linked Case : MACApp./303/2022 CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE. 2ND FLOOR NO. 2 N.S.C BOSE ROAD CHENNAI 600001 AND ITS BRANCH OFFICE AT AASTHA PLAZA 4TH FLOOR Page No.# 3/7 OPP. TO SB DEORAH COLLEGE GS ROAD GUWAHATI VERSUS KHUSBU AGARWALA AND 5 ORS. W/O LATE JAY KUMAR AGARWALA RESIDENT OF C/O SRI BIMAL KR. AGARWALA 1ST FLOOR B.K DAS BUILDING KRC ROAD PS BHARALUMUKH GUWAHATI 9 KAMRUP M ASSAM 2:SRI HITARTHA DHANOTIA. S/O LATE JAY KUMAR AGARWALA RESIDENT OF C/O SRI BIMAL KR. AGARWALA 1ST FLOOR B.K DAS BUILDING KRC ROAD PS BHARALUMUKH GUWAHATI 9 KAMRUP M ASSAM 3:SMTI RANJU DEVI AGARWALA M/O LATE JAY KUMAR AGARWALA RESIDENT OF C/O SRI BIMAL KR. AGARWALA 1ST FLOOR B.K DAS BUILDING KRC ROAD PS BHARALUMUKH GUWAHATI 9 KAMRUP M ASSAM 4:SRI PAPU KUMAR MANJHI Page No.# 4/7 S/O CHAND RAMA MANJHI RESIDENT OF C/O C.H KHATOON HOUSE NO. 1 W/N 58 MILIJULI PATH BASISTHA DIST KAMRUP M ASSAM 781028 5:SRI ARUP RAVA S/O LATE ARUN RAVA RESIDENT OF KATHAKUTHI PS DHUPDHARA GOALPARA ASSAM 783123 6:SRI RAJENDRA KUMAR AGARWALA S/O LATE RAM CHARAN BEZBARUAH RESIDENT OF C/O SRI BIMAL KR. AGARWALA 1ST FLOOR B.K DAS BUILDING KRC ROAD PS BHARALUMUKH GUWAHATI 9 KAMRUP M ASSAM ------------ Advocate for : MR. R GOSWAMI Advocate for : MR. A BORUA (R-1 2 3) appearing for KHUSBU AGARWALA AND 5 ORS. BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 14.10.2025 1. Heard Mr. A. Baruah, the learned counsel for the applicant/claimant respondent. Also heard Mr. R. Goswami the learned counsel for the appellant- Insurance Company. Page No.# 5/7 2. By filing this Interlocutory Application, the claimant has prayed for directing the Insurance company to deposit 50% of the awarded amount as a condition for stay of the Execution of the impugned judgment and award passed in MAC Case No. 931/2018 by the Motor Accident Claims Tribunal No.2, Kamrup (Metro). 3. The learned counsel for the petitioner has submitted that in the connected MAC Appeal No. 303/2022, which has been filed by the appellant Insurance Company, an Interlocutory Application bearing I.A. No. 1602/2022 was filed by the Insurance Company for stay of the Execution impugned judgment and award and a coordinate Bench of this Court on the day of motion itself without issuing notice to the present claimant had granted the stay and disposed of the said Interlocutory Application. 4. The learned counsel for the applicant has submitted that as by the impugned judgment the compensation has been awarded to the present applicant by the impugned award on 12.01.2022 i.e. three years ago, but the applicant/claimant are yet enjoy the fruit of the award. 5. He submits that the stay granted by a Coordinate Bench of this Court in I.A. No. 1602/2022 may be remain operative only on deposit of the 50% of the awarded amount. 6. On the other hand Mr. R. Goswami, the learned counsel for the Insurance Company has vehemently opposed the prayer of the applicant for deposit of 50% of the awarded amount by the Insurance Company on the ground that in the impugned judgment itself an observation has been made by the concerned Motor Claims Tribunal that the claimant has adduced false evidence by producing a false witness, i.e., PW-2 and accordingly, a separate Page No.# 6/7 criminal proceeding was directed to be initiated against the claimant as well as Claimant No. 1 and PW-2 and, therefore, he submits that instead of directing the Insurance Company to deposit the 50% of the awarded amount an endeavour may be made to dispose of the appeal itself at the earliest. 7. I have considered the submission made by the learned counsel for both sides and have gone through the records of this case. 8. It appears that the order dated 22.05.2024 passed by a Coordinate Bench of this Court in I.A. (Civil) No. 160/2022 was made ex-parte without hearing the present applicant. It also appears that though an adverse observation has been made against the Claimant No.1 and PW-2 by the Motor Claims Accident Tribunal, however, ultimately the claim petition was allowed and award was passed in favour of the claimants. 9. It also appears that more than three years have been passed since the date of passing of the impugned award, however, in the connected MAC Case, the services on all the respondents are yet to be completed. 10. Considering the aforesaid facts, this Court is of the opinion that ends of justice would be served only if the stay is granted by order dated 22.05.2024 is allowed to remain operative subject to condition of payment of 50% of the awarded amount by the Insurance Company. 11. Accordingly, the order dated 22.05.2024 passed in I.A. (Civil) No. 160/2022 is hereby modified to the extent that the stay granted therein shall remain operative only the Insurance Company, i.e., M/s Cholamandalam General Insurance Company Limited deposits the 50% of the awarded amount within six weeks from the date of this order. Page No.# 7/7 12. This Interlocutory Application is, accordingly, disposed of. JUDGE Comparing Assistant