Page No.# 1/4 GAHC010111292025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/1752/2025 THE NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA INDIA ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD FORT MUMBAI 400001 AND ONE OF THE REGIONAL OFFICE AT STATE CITY COMPLEX 5TH FLOOR M.S.S. PATH LACHIT NAGAR GUWAHATI 781007 AND VARIOUS DIVISIONAL BRANCH AND MICRO OFFICES THROUGHOUT THE COUNTRY VERSUS SMTI RIPIKA KALITA AND 2 ORS W/O LATE ABANI KALITA R/O VILL. AND P.O. JANIGOG P.S. NALBARI DIST. NALBARI ASSAM PIN 781334 2:SMTI. JONALI BAISHYA W/O BIMAL BAISHYA R/O CARE OF PRANJIT TALUKDAR BEHARBARI SONKUCHI GUWAHATI DIST. KAMRUP(M) ASSAM PIN 781029 Page No.# 2/4 3:PRATUL BAISHYA S/O MAHIDHAR BAISHYA R/O VILL. MOROWA BARBHAG P.O. MOROWA DIST. NALBARI ASSAM PIN 781340 In Case No. : MACApp./239/2025 THE NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA INDIA ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD, FORT, MUMBAI 400001 AND ONE OF THE REGIONAL OFFICE AT STATE CITY COMPLEX, 5TH FLOOR, M.S.S. PATH, LACHIT NAGAR, GUWAHATI 781007 AND VARIOUS DIVISIONAL, BRANCH AND MICRO OFFICES THROUGHOUT THE COUNTRY VERSUS SMTI RIPIKA KALITA AND 2 ORS W/O LATE ABANI KALITA, R/O VILL. AND P.O. JANIGOG, P.S. NALBARI, DIST. NALBARI, ASSAM, PIN 781334 2:SMTI. JONALI BAISHYA W/O BIMAL BAISHYA R/O CARE OF PRANJIT TALUKDAR BEHARBARI SONKUCHI GUWAHATI DIST. KAMRUP(M) ASSAM PIN 781029 3:PRATUL BAISHYA S/O MAHIDHAR BAISHYA R/O VILL. MOROWA BARBHAG P.O. MOROWA DIST. NALBARI ASSAM PIN 78134 Page No.# 3/4 Advocate for the applicant(s): Mr. AJ Saikia Advocate for the respondent(s): B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 04.06.2025 Heard Mr. AJ Saikia, the learned counsel appearing on behalf of the applicant. 2. This is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 for stay of the impugned judgment and award dated 25.02.2025 passed by the learned Member, Motor Accident Claims Tribunal No.2 Kamrup(M) Guwahati in MAC Case No.468/2020. 3. Taking into account the grounds of objection on which the appeal has been admitted, this Court stays the impugned judgment and award dated 25.02.2025 passed by the learned Member, Motor Accident Claims Tribunal No.2 Kamrup(M) Guwahati in MAC Case No.468/2020 till the disposal of the accompanying appeal, subject to deposit of Rs.8,36,565.80/- along with 9% interest from the date of filing of the claim application before the Registry of this Court within 6 (six) weeks from the date of the instant order. 4. On such deposit being made, the claimant shall be at liberty to file appropriate application before the Registry of this Court for release of the said Page No.# 4/4 amount and the Registry shall on the basis of such application and after making due identification and proper verification and also upon furnishing of the bank particulars release the said amount to the claimant. 5. In the circumstance, the Appellant/Applicant succeeds in the accompanying appeal, this Court would pass appropriate directions for recovery to be made by the Appellant from the owner. 6. Interlocutory application accordingly stands disposed of. JUDGE Comparing Assistant