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2025 DAILYLAW 17433 (GAU)

THE ORIENTAL INSURANCE CO LTD v. PINKY DEKA AND 4 ORS

I.A.(Civil)/3102/2024 · 2025-04-08

Robin Phukan

body2025

Judgment text

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Page No.# 1/3 GAHC010028742025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3102/2024 THE ORIENTAL INSURANCE CO LTD A COMPANY REGISTERED UNDER THE COMPANY ACT REPRESENTED BY ITS REGIONAL MANAGER ULUBARI GUWAHATI-7 DIST.- KAMRUP(M) ASSAM. VERSUS PINKY DEKA AND 4 ORS W/O. LATE JYOTI PRASAD DEKA 2:MISS NIHARIKA KASHYAP D/O. LATE JYOTI PRASAD DEKA 3:MISS DHANI KASHYAP D/O. LATE JYOTI PRASAD DEKA 4:SMT. KABITA DEKA M/O. LATE JYOTI PRASAD DEKA ALL ARE RESIDENT OF- HOUSE NO. 3 BYE-LANE-08 KALAGURU PATH SARUMOTORIA P/S.- DISPUR GUWAHATI PIN-781006 KAMRUP(M) ASSAM. 5:SRI NIRMAL BARUA S/O. LATE JAGANATH GUPTA Page No.# 2/3 R/O. HOUSE NO. 159 WARD NO. 5 A.T. ROAD ADABARI P/S- JALUKBARI GUWAHATI-12 KAMRUP(M) ASSAM. ------------ Advocate for : MR. S K GOSWAMI Advocate for : appearing for PINKY DEKA AND 4 ORS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 09.04.2025 Heard Mr. S.K. Goswami, learned counsel for the applicant/appellant and Mr. P.K. Deka, learned counsel for the opposite parties/respondents. 2. This interlocutory application is preferred by the applicant for staying the judgment and award dated 01.06.2024, passed by the learned Member, MACT No. 1, Kamrup (M) at Guwahati, in MAC Case No. 1417/2018. 3. Mr. Goswami, learned counsel for the applicant/appellant submits that this court has already admitted the connected appeal preferred by the applicant/appellant and the impugned judgment and award dated 01.06.2024, may be stayed till disposal of the appeal. Mr. Goswami further submits that the applicant/appellant is ready to deposit 50% of the awarded amount before this court and the opposite parties/respondents may be allowed to withdraw the same subject to furnishing a bond. 4. Taking note of submissions of learned counsel for both the parties, it is provided that the impugned judgment and award dated 01.06.2024, passed by the learned Member, MACT No. 1, Kamrup (M) at Guwahati, in MAC Case No. Page No.# 3/3 1417/2018 be stayed till disposal of MAC Appeal No. 528/2024, subject to 50% of the awarded amount being deposited before the registry of this court, within a period of 4 (four) weeks. 5. In terms of above, this IA stands closed. JUDGE Comparing Assistant