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2025 DAILYLAW 14655 (GAU)

ORIENTAL INSURANCE COMPANY LTD, v. MD YAJUL @ IJUL @ YADUL HUSSAIN AND 2 ORS

I.A.(Civil)/1058/2025 · 2025-04-03

Robin Phukan

body2025

Judgment text

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Page No.# 1/3 GAHC010134222024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1058/2025 ORIENTAL INSURANCE COMPANY LTD ( A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI 781007 REPRESENTED BY THE DEPUTY MANAGER GAUHATI REGIONAL OFFICE ULUBARI GUWAHATI 781007 VERSUS MD YAJUL @ IJUL @ YADUL HUSSAIN AND 2 ORS S/O LATE BAHARUDDIN AHMED R/O BOORPUL KAKOJAN P.O. KAKOJAN P.S. JORHAT DIST. JORHAT ASSAM PIN 785107 (REPRESENTED BY HIS WIFE MRS. MUNU BEGUM) 2:HEMANTA HAZARIKA S/O SRI LUKENDRA NATH HAZARIKA R/O OIL INDIA CHARIGAON P.O. CHENGELI GAON P.S. JORHAT DIST. JORHAT ASSAM PN 785010 3:HIMANSHU HAZARIKA S/O SRI HEMANTA HAZARIKA R/O OIL INDIA Page No.# 2/3 CHARIGAON P.O. CHENGELI GAON P.S. JORHAT DIST. JORHAT ASSAM PN 785010 ------------ Advocate for : MS. R D MOZUMDAR Advocate for : appearing for MD YAJUL @ IJUL @ YADUL HUSSAIN AND 2 ORS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 04.04.2025 Heard Mr. R.D. Mozumdar, learned counsel for the applicant. 2. This interlocutory application is preferred by the applicant, Oriental Insurance Company Limited for staying the operation of Judgment and Award dated 03.04.2024, passed by the learned Member, MACT No. 1, Kamrup (M) at Guwahati, in MAC Case No. 828/2016. 3. It is to be noted here that vide impugned Judgment and Award dated 03.04.2024, the learned Member, MACT No. 1, Kamrup (M) at Guwahati has directed the appellant to pay a sum of Rs. 1,55,738/- with interest @ 9% per annum. 4. Ms. Mozumdar, learned counsel for the applicant submits that the applicant has preferred an appeal and the same has already been admitted and the record has also been called for from the learned tribunal. As such, there is a requirement for staying the impugned order dated 03.04.2024, till disposal of the appeal. 5. Since the appeal has already been admitted and the record has also been called for from the learned tribunal, operation of the impugned Judgment and Page No.# 3/3 Award dated 03.04.2024, passed by the learned Member, MACT No. 1, Kamrup (M) at Guwahati, in MAC Case No. 828/2016, stands stayed, subject to the condition that the applicant shall deposit entire awarded amount before the Registry of this court, within a period of 3 (three) weeks from today. 6. In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant