Page No.# 1/3 GAHC010268222024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No.: I.A.(Civil)/668/2025 THE NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87 MG ROAD FORT MUMBAI-400001 AND ONE OF THE REGIONAL OFFICE AT STAR CITY COMPLEX 5TH FLOOR LACHIT NAGAR GUWAHATI-781005 AND VARIOUS DIVISIONAL BRANCH AND MICRO OFFICES THROUGHOUT THE COUNTRY. VERSUS ZIMI AGARWAL AND 4 ORS S/O. LT. SANTOSH AGARWAL R/O. MANKACHAR BAZAR P/S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-783131. 2:ROYAL CONSTRUCTION HOUSE NO. 4 KUNDIL NAGAR BELTOLA BASISTHA CHARIALI GUWAHATI DIST. KAMRUP (M) ASSAM PIN-781029. 3:RUSTAM ALI Page No.# 2/3 S/O. TASLIM ANSARI R/O. BORA COMPLEX NALAPARA GUWAHATI DIST. KAMRUP 9M) ASSAM PIN-781029. 4:SUMEET AGARWAL S/O. RATANLAL AGARWAL R/O. BARA BAZAR OPPOSITE DURGA MANDIR P/O. PANDU GUWAHATI DIST. KAMRUP (M) ASSAM PIN-781012. 5:UNITED INDIA INSURANCE COMPANY LTD. REGIONAL OFFICE CHIBBER HOUSE M.S.S. PATH DISPUR GUWAHATI KAMRUP (M) GUWAHATI ASSAM PIN-781005. For the applicant (s) : Mr. A. J. Saikia, Advocate For the respondent (s) : XXXX BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 07.03.2025 Heard Mr. A. J. Saikia, the learned counsel appearing on behalf of the applicant. 2. This is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 praying for stay of the operation of Page No.# 3/3 the judgment and award dated 17.09.2024 passed by the learned Member, MACT No.3, Kamrup (M) in MAC Case No.2224/2017. 3. Taking into account the above, the impugned judgment and award dated 17.09.2024 is stayed subject to deposit of Rs.1,35,659/- along with interest @ 9% per annum as awarded vide the judgment and award dated 17.09.2024 before the Registry of this Court within 6(six) weeks from today. 4. This Court grants liberty to the claimant to file an application before the Registry of this Court and upon such application being filed, the Registry shall after making due identification and proper verification and upon furnishing of the bank details release the said amount to the claimant. 5. This Court further observes that in the circumstance the instant accompanying Appeal is allowed, the appellant would be permitted to claim the said amount of Rs.1,38,659/- from the owner of the vehicle. 6. In view of the above, the instant I.A. stands disposed of. JUDGE Comparing Assistant