Page No.# 1/4 GAHC010221022024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/737/2025 THE BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD AJ ALLIANZ GENERAL INSURANCE COMPANY LTD. Address - HAVING ITS REGISTERED AND HEAD OFFICE AT GE PLAZA AIRPORT ROAD NERADA PUNE-411006 AND NORTH ESTERN REGIONAL OFFICE AT SREEJI TOWER 2ND FLOOR C/O. GAUHATI TEA WAREHOUSING PVT. LTD. ADJACENT TO MAHINDRA SHOWROOM CHRISTIAN BASTI GUWAHATI PIN-781005 KAMRUP (M) ASSAM. (REP. BY ITS HUB-IN-CHARGE APPEAL AND SPECALISED CLAIMS DEPARTMENT MR. NAYAN CHOUDHURY). VERSUS HAMIDA SIKDAR AND 7 ORS W/O. LATE HASHEEM ALI 2:JERIFA HABIB RUNA D/O. LATE HASHEEM ALI 3:SHARIFA HABIB RUBI D/O. LATE HASHEEM ALI 4:HABIB REKIBUZ ZAMAN S/O. LATE HASHEEM ALI. ALL ARE R/O. VILL. BANIARAPARA P/O. GAREMARI Page No.# 2/4 P/S. BARPETA DIST. BARPETA ASSAM PIN-782314. PRESENTLY RESIDING AT LAKHIMINAGAR HATIGAON P/S. HATIGAON KAMRUP(M) ASSAM PIN-781038. 5:SUYAL SINGH BASUMATARY S/O. KHAGEN BASUMATARY R/O. SALBARI P/S. SALBARI DIST. BAKSA BTAD ASSAM PIN-781320. 6:KHEM NATH ADHIKARY S/O. LATE NANDA LAL ADHIKARY R/O. DHIRUMAL ANANDA NAGAR FLAT NO. Q1 GUWAHATI DIST. KAMRUP(M) ASSAM. 7:RABIA KHATUN W/O. MAHAMMAD ALI 8:MAHAMMAD ALI S/O. LATE PANDIT ALI. BOTH ARE R/O. VILL. BANIARAPARA P/O. GAREMARI P/S. BARPETA DIST. BARPETA ASSAM PIN-782314. ------------ For the Applicant(s) : Mr. T. Kalita, Advocate For the Respondent(s) : Mr. A.T. Sarkar, Advocate Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 19.03.2025 Heard Mr. T. Kalita, the learned counsel appearing on behalf of the Applicant Insurance Company and Mr. A.T. Sarkar, the learned counsel appearing on behalf of the claimants. 2. This is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 for stay of the judgment and award dated 06.03.2024 passed by the learned MACT, No. 3 Kamrup (M) at Guwahati in MAC Case No. 655/2019. 3. Taking into account the reasons for which the accompanying appeal has been admitted, this Court is of the opinion that the impugned judgment and award passed by the learned Tribunal dated 06.03.2024 passed by the learned MACT, No. 3 Kamrup (M) at Guwahati in MAC Case No. 655/2019 is required to be stayed, subject to the deposit of an amount of Rs. 2,77,000/- before the Registry of this Court within 6 (six) weeks from today. 4. Accordingly, the judgment and award dated 06.03.2024 passed by the learned MACT, No. 3 Kamrup (M) at Guwahati in MAC Case No. 655/2019 is stayed till the disposal of the instant appeal subject to the deposit of an amount of Rs. 2,77,000/- 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 Page No.# 4/4 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