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2025 DAILYLAW 15788 (GAU)

ICICI LOMBARD GENERAL INSURANCE COMPANY LTD v. RAMBHA DHING AND 3 OTHERS

I.A.(Civil)/3043/2025 · 2025-09-14

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010151782025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3043/2025 in MACApp./428/2025 ICICI LOMBARD GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT ICICI BANK TOWERS BANDRA KURLA COMPLEX MUMBAI 400051 ITS ZONAL OFFICE AT APEEJAY HOUSE 15 PARK STREET 7TH FLOOR KOLKATA-700016 AND BRANCH OFFICE AT KAMAKHYA TOWER 3RD FLOOR OFFICE NO. 305 AND 306 G.S. ROAD GUWAHATI ASSAM VERSUS RAMBHA DHING AND 3 OTHERS W/O. LT. KANAK CH. DHING 2:RITURAJ DHING S/O. LT. KANAK CH. DHING 3:JIMI DHING S/O. LT. KANAK CH. DHING ALL ARE R/O. VILL.- PIYALIKHATA P/S. BAIHATA PIN-781381 DIST. KAMRUP ASSAM. Page No.# 2/3 4:LABA GOSWAMI S/O. LT. TARUN GOSWAMI R/O. VILL.- KASHUDRA PALAHA P/O. AND P/S. BAIHATA CHARIALI DIST. KAMRUP ASSAM PIN-781381. ------------ Advocate for : MS. M SAIKIA Advocate for : FOR CAVEATOR appearing for RAMBHA DHING AND 3 OTHERS BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 15-09-2025 Heard Mr. R. Goswami, learned counsel for the appellant and Mr. A. N. Iqbal, learned counsel for the claimant/respondent Nos. 1, 2 and 3. 2. This is an application under Order XLI Rule V of the Code of Civil Procedure, 1908 praying for stay of the operation of the impugned judgment and award dated 23.04.2025 passed by the learned Member, MACT No.2, Kamrup (M), in MAC Case No. 708/2021. 3. It is further submitted by Mr. Goswami, learned counsel for the applicant that they are ready to pay 20% of the awarded amount to the claimant/respondent Nos. 1, 2 and 3. 4. In view of the above, the execution of the impugned judgment and award dated 23.04.2025 passed by the learned Member, MACT No.2, Kamrup (M), in MAC Case No. 708/2021 shall remain suspended till disposal of the connected appeal, subject to payment of 20% of the awarded amount to the claimant/respondent Nos. 1, 2 and 3 within a period of 6 (six) weeks from today before Registry of this Court. Page No.# 3/3 5. On depositing the aforesaid 20% of the awarded amount before the Registry by the applicant/appellant, the same shall be disbursed to the claimant/respondent Nos. 1, 2 and 3, after proper identification and due verification. 6. With the above observation and direction, this interlocutory application stands disposed of. JUDGE Comparing Assistant