Page No.# 1/3 GAHC010223832024 2025:GAU-AS:10234 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3334/2024 NEW INDIA ASSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87, M.G. ROAD, FORT, MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH FLOOR, LACHIT NAGAR NEAR HANUMAN MANDIR, G.S. ROAD, GUWAHATI-781007. VERSUS RANI BARMAN AND 4 ORS W/O. SRI ABANI BARMAN 2:ASHA BARMAN D/O. SRI ABANI BARMAN 3:JUNU BARMAN D/O. SRI ABANI BARMAN ALL ARE RESIDENTS OF - VILL. GATANGA P/O. RANGAGARAH P/S. SAMAGURI DIST. NAGAON ASSAM PN-782140. RESPONDENT 3 BEING MINOR IS REPRESENTED BY THE LEGAL GUARDIAN MOTHER I.E. RESPONDENT NO.1 4:PARAM PRATAM SINGH SADANA S/O. SRI BHUPENDER SINGH SADANA R/O. VILL. RAJSINGH PALACE FANCY BAZAR S.S. ROAD LOKHTOKIA GUWAHATI. P/O. FANCY BAZAR P/S. PAN BAZAR Page No.# 2/3 PIN-781001 ASSAM. 5:PRADIP PATAR S/O. SRI NANDA RAM PATAR C/O. SRI RAJ KUMAR DAS R/O. VILL.-SOUTH HAIBARGAON P/O. NAGAON P/S. NAGAON SADAR DIST. NAGAON ASSAM Advocate for the Petitioner : MR. R GOSWAMI, MS. M SAIKIA,MS. P BORTHAKUR Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 06.08.2025 Heard Mr. R. Goswami, learned counsel for the applicant and Mr. D. Mondal, learned counsel for the opposite party Nos. 1, 2 & 3. 2. This interlocutory application, under Order XLI Rule V of the CPC, is preferred by the applicant, for staying the operation of judgment and award dated 31.07.2024, passed by the learned Member, MACT, Nagaon, in MAC Case No. 75/2019. 3. Mr. Goswami, learned counsel for the applicant submits that the applicant has preferred an appeal being, MAC Appeal No. 567/2024 and vide order dated, 25.07.2025, the same has already been admitted and the record has also been called for and therefore, there is a requirement for staying the operation of the judgment and award dated 31.07.2024, till disposal of the connected appeal. Mr. Goswami further submits that the applicant is ready to deposit 50% of the awarded amount before the registry of this court. Page No.# 3/3 4. On the other hand, Mr. Mondal, learned counsel for the opposite party Nos. 1, 2 & 3 submits that he may be allowed to withdraw the amount being deposited by the applicant before the registry of this court. 5. In reply, Mr. Goswami submits that the opposite parties may be directed to furnish an indemnity bond. 6. Taking note of the submissions of learned counsel for both the parties and also considering the facts and circumstances on the record, this court is inclined to stay the operation of judgment and award dated 31.07.2024, passed by the learned Member, MACT, Nagaon, in MAC Case No. 75/2019. 7. Accordingly, it is provided that till disposal of the connected appeal, the operation of judgment and award dated 31.07.2024, passed by the learned Member, MACT, Nagaon, in MAC Case No. 75/2019, stands stayed, subject, however, to the condition that the applicant shall deposit 50% of the awarded amount before the registry of this court, within a period of 4 (four) weeks from today. 8. On such deposit being made by the applicant, the same may be withdrawn by the opposite party by furnishing an indemnity bond. 9. In terms of above, this IA stands disposed of. JUDGE Comparing Assistant