Page No.# 1/3 GAHC010268192024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No.: I.A.(Civil)/704/2025 THE NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED AND HEAD OFFICE AT NEW ASSURANCE BUILDING 87 MG ROAD FORT MUMBAI-400001 AND ONE OF THE REGIONAL OFFICE AT STAR CITY COMPLEX 5TH FLOOR M.S.S. PATH LACHIT NAGAR GUWAHATI-781005 AND VARIOUS DIVISIONAL BRANCH AND MICRO OFFICES THROUGHOUT THE COUNTRY VERSUS SHILPA AGARWAL AND 4 ORS W/O. AKASH AGARWAL R/O. MANKACHAR BAZAR P/S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-783131. 2:ROYAL CONSTRUCTION H/ONO. 4 KUNDIL NAGAR BELTOLA BASISTHA CHARIALI GUWAHATI DIST. KAMRUP (M) ASSAM PIN-781029. 3:RUSTAM ALI S/O. TASLIM ANSARI Page No.# 2/3 R/O. BORA COMPLEX NALAPARA GUWAHATI DIST. KAMRUP (M) ASSAM PIN-781029. 4:SUMEET AGARWAL S/O. RATANLAL AGARWAL R/O. BARA BAZAR OPPOSITE TO DURGA MANDIR P/O. PANDU GUWAHATI DIST. KAMRUP (M) ASSAM PIN-781012. 5:UNITED INDIA INSURANCE COMPANY LIMITED REGIONAL OFFICE CHIBBER HOUSE M.S.S PATH DISPUR GUWAHATI KAMRUP (M0 GUWAHATI DIST. KAMRUP (M) ASSAM PIN-781005. For the applicant (s) : Mr. A. J. Saikia, Advocate For the respondent (s) : Mr. A. R. Agarwala, Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 17.03.2025 Heard Mr. A. J. Saikia, the learned counsel appearing on behalf of the applicant. Mr. A. R. Agarwal, the learned counsel appears on behalf of the respondents. 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.2223/2017. 3. This Court had already admitted the accompanying appeal. 4. Taking into account the materials on record and the grounds of objection, this Court stays the operation of the impugned judgment and award dated 17.09.2024 subject to deposit of Rs.85,175/- 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. 5. 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 furnishing of the bank details release the said amount to the claimant. 6. 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.85,175/- from the owner of the vehicle. 7. In view of the above, the instant I.A. stands disposed of JUDGE Comparing Assistant