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2025 DAILYLAW 17670 (GAU)

ICICI LOMBARD GENERAL INSURANCE CO. LTD. v. RAJU SAHA AND 2 ORS

I.A.(Civil)/2719/2025 · 2025-08-19

Budi Habung

body2025

Judgment text

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Page No.# 1/3 GAHC010181412025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : IA(CIVIL)/2719/2025 ICICI LOMBARD GENERAL INSURANCE CO. 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 A BRANCH OFFICE AT KAMAKHYA TOWER 3RD FLOOR, OFFICE NO. 305 AND 306, G.S. ROAD, GUWAHATI 781005, ASSAM. VERSUS RAJU SAHA AND 2 ORS S/O SRI BHABATOSH SAHA, R/O VILL. KALAHABHANGA, WARD NO. 4, P.S. BARPETA ROAD, DIST. BARPETA, ASSAM, PIN 781315 2:JAMIRAN NESSA W/O FAZAL HAQUE R/O VILL. SHIMLABARI P.O. RANGAPANI P.S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN 783384 3:ABU SHAMA S/O LATE HABIBAR RAHMAN R/O VILL. GAROLLAPARA P.O.KALGACHIA P.S. KALGACHIA DIST. BARPETA ASSAM PIN 78131 Advocate for the Petitioner : MR. R GOSWAMI, MS. P BORTHAKUR,MS. M SAIKIA Advocate for the Respondent : , Page No.# 2/3 Linked Case : MACApp./377/2025 ICICI LOMBARD GENERAL INSURANCE CO. 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 A BRANCH OFFICE AT KAMAKHYA TOWER 3RD FLOOR OFFICE NO. 305 AND 306 G.S. ROAD GUWAHATI 781005 ASSAM. VERSUS RAJU SAHA AND 2 ORS S/O SRI BHABATOSH SAHA R/O VILL. KALAHABHANGA WARD NO. 4 P.S. BARPETA ROAD DIST. BARPETA ASSAM PIN 781315 2:JAMIRAN NESSA W/O FAZAL HAQUE R/O VILL. SHIMLABARI P.O. RANGAPANI P.S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN 783384 3:ABU SHAMA S/O LATE HABIBAR RAHMAN R/O VILL. GAROLLAPARA P.O.KALGACHIA P.S. KALGACHIA DIST. BARPETA ASSAM PIN 781319 ------------ Advocate for : MR. R GOSWAMI Advocate for : appearing for RAJU SAHA AND 2 ORS Page No.# 3/3 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 20.08.2025 Heard Mr. R. Goswami, learned counsel appearing on behalf of the applicant/Insurance Company. 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 order, dated 09.05.2025, passed by the learned Member, Motor Accident Claim Tribunal, Barpeta, in MAC Case No. 310/2021. Since the connected appeal has already been admitted by the Court today; hence, it is hereby directed that the effect and operation of the impugned judgment and order, dated 09.05.2025, passed by the learned Member, Motor Accident Claim Tribunal, Barpeta, in MAC Case No. 310/2021, shall remain stayed subject to deposit of 50% of the total awarded amount by the applicant/Insurance Company before the Registry of this Court, within a period of 6(six) weeks from today. On such deposit being made by the applicant/Insurance Company, the Opposite Party No. 1/claimant, herein, shall be at liberty to withdraw the deposited amount on being properly identified by following the due process of verification as notified by the Registry of this Court, from time to time. The interlocutory application stands allowed and accordingly stands disposed of. JUDGE Comparing Assistant