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2025 DAILYLAW 18119 (GAU)

MAGMA HDI GENERAL INSURANCE CO. LTD. v. SALEHA KHATUN AND ORS

I.A.(Civil)/3035/2025 · 2025-09-14

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010188852025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3035/2025 in MACApp./426/2025 MAGMA HDI GENERAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24 PARK STREET KOLKATA 700016 AND A REGIONAL OFFICE AT BLOCK 3B B 201-202 ECOSPACE BUSINESS PARK AMBUJA REALITY CAMPUS ACTION AREA 110 NORTH TWENTY FOUR PARGANA WEST BENGAL AND A BRANCH OFFICE AT F FORT BUILDING 2ND FLOOR SOUTH SARANIA G.S. ROAD GUWAHATI 781007 VERSUS SALEHA KHATUN AND ORS W/O LATE OBAIDUR RAHMAN R/O WARD NO. 3 KHARUPETIA TOWN P.O. AND P.S. KHARUPETIA DIST. DARRANG ASSAM PIN 784115 2:MD SAMSUL HAQUE S/O AHED ALI R/O VILL. ALIKASH P.O. GHANSHIMULI P.S. KHARUPETIA DIST. DARRANG Page No.# 2/3 ASSAM PIN 784115 3:MRS RASWIDA BEGUM W/O DILBAR HUSSAIN C/O BASANTA DEKA R/O LANKESWAR P.O. AND P.S. JALUKBARI DIST. KAMRUP(M) ASSAM PIN 781013 ------------ Advocate for : MR. R GOSWAMI Advocate for : MR. A K AKAND appearing for SALEHA KHATUN AND ORS BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 15-09-2025 Heard Mr. R. Goswami, learned counsel for the appellant/applicant and Mr. S. Das, learned counsel for the claimant/respondent No. 1. 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 22.05.2025 passed by the learned Additional District Judge, Darrang in MAC (D) Case No. 149/2019. 3. It is submitted by Mr. Goswami, learned counsel for the applicant that they are ready to pay 50% of the awarded amount to the claimant/respondent No. 1. 4. In view of the above, the execution of the impugned judgment and award dated 22.05.2025 passed by the learned Additional District Judge, Darrang in MAC (D) Case No. 149/2019 shall remain suspended till disposal of the connected appeal, subject to payment of 50% of the awarded amount to the Page No.# 3/3 claimant/respondent No. 1 within a period of 6 (six) weeks from today before Registry of this Court. 5. On depositing the aforesaid 50% of the awarded amount before the Registry by the applicant/appellant, the same shall be disbursed to the claimant/respondent No. 1, after proper identification and due verification. 6. With the above observation and direction, this interlocutory application stands disposed of. JUDGE Comparing Assistant