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2025 DAILYLAW 14814 (GAU)

UNITED INDIA INSURANCE COMPANY LTD. v. PURNIMA KALITA AND 5 ORS.

I.A.(Civil)/2119/2024 · 2025-05-27

Malasri Nandi

body2025

Judgment text

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Page No.# 1/3 GAHC010136312024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2119/2024 UNITED INDIA INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 24 WHITES ROAD, CHENNAI AND ITS REGIONAL OFFICE AT G.S. ROAD, DISPUR, GUWAHATI. VERSUS PURNIMA KALITA AND 5 ORS. W/O LATE BIRESH KALITA, VILL.- PURAN KATAHI, P.S.- CHHAYGAON, DIST.- KAMRUP, ASSAM, PIN- 781124. 2:ULACHI KALITA M/O LATE BIRESH KALITA VILL.- PURAN KATAHI P.S.- CHHAYGAON DIST.- KAMRUP ASSAM PIN- 781124. 3:KANGKANA KALITA D/O LATE BIRESH KALITA VILL.- PURAN KATAHI P.S.- CHHAYGAON DIST.- KAMRUP ASSAM PIN- 781124. 4:RUPJYOTI KALITA S/O LATE BIRESH KALITA VILL.- PURAN KATAHI P.S.- CHHAYGAON Page No.# 2/3 DIST.- KAMRUP ASSAM PIN- 781124. 5:ORNATE INFRACON PVT LTD. 14TH BAIKUNTHAPUR PATH HATIGARH CHARIALI GUWAHATI DIST.- KAMRUP ASSAM PIN- 781021. 6:SATYA KALITA S/O SRI RUPSING KALITA VILL.- KOTOHI P.S.- CHHAYGAON DIST.- KAMRUP ASSAM PIN- 781124 Advocate for the Petitioner : MR. R GOSWAMI, MS. M SAIKIA,MS. P BORTHAKUR Advocate for the Respondent : , BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 28.05.2025 Heard Mr. R. Goswami, learned counsel for the applicant. By filing this application under Order XLI Rule V of the CPC, the applicant has prayed to stay the operation of the impugned judgment and award dated 17.01.2024 passed by the learned Member, MACT, Kamrup(M) in MAC Case No. 827/2018. As the appeal is admitted for hearing, the impugned judgment and award dated 17.01.2024 passed by the learned Member, MACT, Kamrup(M) in MAC Case Page No.# 3/3 No. 827/2018 is stayed subject to payment of 50% of the awarded amount before the Registry of this Court. It is submitted by the learned counsel for the applicant that the respondent No.6 has expired, who is the driver of the tractor and prayed to struck of his name. Accordingly, Registry is directed to struck of the name of respondent No.6 from the cause title at the risk of the applicant. This interlocutory application accordingly stands disposed of. JUDGE Comparing Assistant