THE RELIANCE GENERAL INSURANCE CO. LTD. v. GITANJALI BORAH AND 3 ORS
I.A.(Civil)/683/2025 · 2025-03-09
Devashis Baruah
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20117 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20117 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010222632024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/683/2025 THE RELIANCE GENERAL INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT 19 RELIANCE CENTRE WALCHAND HARICHAND MARG BALLARD ESTATE MUMBAI 400001 AND CORPORATE OFFICE AT 570 RECTIFIER HOUSE NAGAUM CROSS NEST TO ROYAL INDUSTRIAL ESTATE WADALA (W) MUMBAI 400031 AND ONE OF THE BRANCHE OFFICE AT PRAG PLAZA 5TH FLOOR G.S. ROAD BHANGAGARH GUWAHATI-781005. VERSUS GITANJALI BORAH AND 3 ORS W/O. LT. DWIJENDRA MOHAN BORAH.
2:BIDISHA BORAH D/O. LT. DWIJENDRA MOHAN BORAH.
3:PARTHANA BORAH D/O. LT. DWIJENDRA MOHAN BORAH ALL ARE R/O. OF VILL.- KACHARIGAON P/O. KATHIATOLI P/S. KAMPUR DIST. NAGAON ASSAM PIN-782427.
(RESPONDENT NO. 3 BEING MINOR IS REP. BY THE RESPONDENT NO. 1
Page No.# 2/3 BEING MOTHER AND NATURAL GUARDIAN) 4:BIKASH TIWARI S/O. JITENDRA TIWARI R/O. A.K. AZAD ROAD REHABARI GUWAHATI KAMRUP (M) ASSAM PIN-781008. ------------ For the Applicant(s) : Mr. A. J. Saikia, Advocate
For the Respondent(s) : None appears.
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER Date : 10.03.2025
This is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 (for short ‘the Code’) for stay of the judgment and award dated 11.06.2024 passed by the learned Member, Motor Accident Claims Tribunal, Nagaon in MAC Case No.228/2020.
2. This Court had already admitted the accompanying appeal.
3. Taking into account the materials on record and the grounds of objection, this Court is of the opinion that the impugned judgment and
order dated 11.06.2024 passed by the learned Member, Motor Accident Claims Tribunal, Nagaon in MAC Case No.228/2020 is required to be stayed, subject to deposit of 50% of the awarded amount before the Registry of this Court within 6(six) weeks from today.
4. Accordingly, the judgment and order dated 11.06.2024 passed by
Page No.# 3/3 the learned Member, Motor Accident Claims Tribunal, Nagaon in MAC Case No.228/2020 is stayed till the disposal of the instant appeal subject to deposit of 50% of the awarded amount within 6 (six) weeks from the date of the instant order.
5. The claimants shall be at liberty to file appropriate application before the Registry of this Court and the Registry shall on the basis of such application and after making due identification and proper verification and also upon furnishing of the bank particulars release the said amount to the claimants.
6. Interlocutory application accordingly stands disposed of.
JUDGE Comparing Assistant