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2025 DAILYLAW 17478 (GAU)

TATA AIG GENERAL INSURANCE CO LTD v. POOJA BORAH AND 4 ORS

I.A.(Civil)/2661/2025 · 2025-08-17

Yarenjungla Longkumer

body2025

Judgment text

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Page No.# 1/3 GAHC010178342025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2661/2025 TATA AIG GENERAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT PENINSULA CORPORATE PARK NICOLAS PIRAMAL TOWER 9TH FLOOR GANPATRO KADAM MARG MUMBAI PIN 400013 ZONAL OFFICE AT CONSTANTIA OFFICE COMPLEX 2ND FLOOR 11 DR U.N. BRAHMACHARI STREET KOLKATA 700017 AND BRANCH OFFICE AT ABC G.S. ROAD GUWAHATI 781005 VERSUS POOJA BORAH AND 4 ORS W/O LATE JATIN BORAH 2:MISS BANDANA BORAH D/O LATE JATIN BORAH. 3:SANDEEPAN BORAH S/O LATE JATIN BORAH ALL ARE R/O VILL. CHALCHALI NALBORAGAON P.S. SAMAGURI P.O. BAMUNGAON DIST. NAGAON ASSAM PIN 782140 Page No.# 2/3 PRESENT ADDRESS R/O KAMAKHYA DEFENCE COMPLEX AMSING JORABAT GUWAHATI DIST. KAMRUP (M) ASSAM PIN 781023 4:MRS. DIMBESWARI BORAH W/O LATE BADAN CH BORAH R/O VILL. CHALCHALI NALBORGAON NIZ CHALCHALI P.O. BAMUNGAON P.S. SAMAGURI DIST. NAGAON ASSAM PIN 782140 5:CHURAMONI BORTHAKUR S/O LATE HOMESWAR BORTHAKUR R/O VILL. ADARSHA NAGA MILONPUR P.O. NAGAON P.S. NAGAON SADAR DIST. NAGAON ASSAM PIN 782001 ------------ Advocate for : MR. R GOSWAMI Advocate for : appearing for POOJA BORAH AND 4 ORS BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 18.08.2025 Mr. R Goswami, learned counsel for the appellant is present. Mr. A. Lal, learned counsel for respondent No. 1, 2 & 3 is present. This is an application under Order 41 Rule 5 of the C.P.C praying for stay Page No.# 3/3 of the operation of the impugned judgment and award dated 24.03.2025 passed by the Ld. Member, M.A.C.T, Nagaon, Assam in M.A.C Case No. 230/2022. Mr. R Goswami, learned counsel for the appellant has submitted that there are two grounds in the appeal which are valid grounds and the award is therefore, required to be stayed. Upon going though the grounds of appeal taken in the appeal memo, this Court is of the view that the judgment and award can be stayed, at this stage, pending the disposal of the appeal. In view of the above, the impugned judgment and award dated 24.03.2025 passed by the Ld. Member, M.A.C.T, Nagaon, Assam in M.A.C Case No. 230/2022 is stayed subject to deposit of 50% of the total awarded amount before the Registry of this Court within a period of 60 (sixty) days. In the event of the amount being deposited, the same may be released to the claimants after proper identification and verification. Out of the deposited amount, Rs. 4,00,000/- may be released to the respondent No. 4 Ms. Dimbeshwari Borah and the rest to the claimant No. 1. In view of the above observations, this Interlocutory Application stands disposed of. JUDGE Comparing Assistant