SBI GENERAL INSURANCE COMPANY LTD v. MONIJA KHATUN AND ANR.
I.A.(Civil)/3122/2025 · 2025-09-18
Mitali Thakuria
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19461 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19461 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010211192025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3122/2025 in MACApp./440/2025 SBI GENERAL INSURANCE COMPANY LTD JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA ROAD ANDHERI (EAST) MUMBAI-400069 REGIONAL OFFICE AT 4TH FLOOR B BLOCK APEEJAY HOUSE 15 PARK STREET KOLKATA-7000016 AND BRANCH OFFICE AT 2ND FLOOR LAKSHMI DARSHAN BUILDING VERSUS MONIJA KHATUN AND ANR.
W/O ABDUR RAZZAQUE R/O VILLAGE-BATABARI P.O.-MARKULA P.S-BAGUAN DISTRICT-GOALPARA ASSAM PIN-783120 (CLAIMANT) 2:ABDUL KASHMEM S/O ABU TAHER R/O VILLAGE-KORICHALA BATABARI P.S.-BAGUAN DISTRICT-GOALPARA (ASSAM) PIN-783120 (OWNER CUM DRIVER OF THE VEHICLE NO. AS-18E-5070) ------------ Advocate for : MS. M SAIKIA Advocate for : appearing for MONIJA KHATUN AND ANR.
Page No.# 2/3 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA
ORDER 19-09-2025 Heard Mr. R. Goswami, learned counsel for the appellant/applicant.
2. This is an application filed under Order XLI Rule 5 of the CPC by the appellant/applicant for stay of the operation of the impugned judgment and award dated 02.06.2025, passed by the learned Member, MACT, Goalpara in MAC Case No. 521/2021.
3. It is submitted by Mr. Goswami, learned counsel for the applicant that they are ready to deposit 50% of the awarded amount before the Registry of this Court.
4. In view of the above, the execution of the impugned judgment and award dated 02.06.2025, passed by the learned Member, MACT, Goalpara in MAC Case No. 521/2021 shall remain suspended till disposal of the connected appeal, subject to depositing of 50% of the awarded amount 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 not be disbursed to the claimants/respondents until further order.
6. With the above observation and direction, this interlocutory application stands disposed of.
JUDGE
Page No.# 3/3 Comparing Assistant