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2025 DAILYLAW 14037 (GAU)

ORIENTAL INSURANCE COMPANY LTD. v. PRANAB PHONGLO @ PRANAB JOHORI AND ANR.

I.A.(Civil)/2323/2025 · 2025-07-27

Robin Phukan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010121782025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2323/2025 ORIENTAL INSURANCE COMPANY LTD. A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI-781007 REP. BY THE MANAGER GAUHATI REGIONAL OFFICE UUBARI GUWAHATI-781007. VERSUS PRANAB PHONGLO @ PRANAB JOHORI AND ANR. S/O. RADHARAM JOHORI R/O. VILL.- MOSOKA P/O. AND P/S. KHERONI DIST. KARBI ANGLONG ASSAM PIN-782480 REP BY HIS WIFE SMT. ANURADHA PHONGLO. 2:GURPREET SINGH S/O. SUKHWANT SINGH R/O. BASTI DIDAR SINGH WALI VILL.- BEHAK GUJRAN TEHSIL ZIRA P/O. BEHAK GUJJARAN DIST. FEROZEPUR PUNJAB-142044. ------------ Advocate for : MR. S P SHARMA Advocate for : appearing for PRANAB PHONGLO @ PRANAB JOHORI AND ANR. Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 28.07.2025 Heard Ms. R.D. Mozumdar, learned counsel for the applicant and Mr. A.R. Agarwala, learned counsel for the opposite party No. 1. 2. This interlocutory application is preferred by the applicant, for staying the operation of judgment and award dated 03.03.2025, passed by the learned Member, M.A.C.T. No. 3, Kamrup (M) at Guwahati, in M.A.C. Case No. 454/2022. 3. It is to be noted here that vide impugned judgment and award dated 03.03.2025, the learned tribunal had directed the appellant to pay a sum of Rs. 19,54,200/- being the compensation to the claimants with interest @ 6% per annum. 4. Ms. Mozumdar, learned counsel for the applicant submits that the applicant has preferred an appeal being, M.A.C. Appeal No. 303/2025 and the same has already been admitted and the record has also been called for. Ms. Mozumdar further submits that the applicant is ready to deposit 50% of the awarded amount before the registry of this court and therefore, it is contended to stay the operation of judgment and award dated 03.03.2025, passed by the learned tribunal, in M.A.C. Case No. 454/2022. 5. Having considered the submission of Ms. Mozumdar, learned counsel for the applicant and also considering the facts and circumstances on the record, this court is inclined to stay the operation of judgment and award dated 03.03.2025, passed by the learned tribunal, in M.A.C. Case No. 454/2022. 6. Accordingly, it is provided that till disposal of the connected appeal, i.e. Page No.# 3/3 M.A.C. Appeal No. 303/2025, the operation of judgment and award dated 03.03.2025, passed by the learned tribunal, in M.A.C. Case No. 454/2022, stands stayed, however, subject to the condition that the applicant shall deposit 50% of the awarded amount before the registry of this court, within a period of 10 (ten) days from today. 7. In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant