Page No.# 1/4 GAHC010114892025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4181/2025 NEW INDIA ASSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 887 M.G. ROAD FORT MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX 5TH FLOOR LACHIT NAGAR NEAR HANUMAN MADIR G.S. ROAD GUWAHATI 781007 VERSUS AZIZUR RAHMAN GAZI ALIAS AJIJUL HOQUE AND ORS S/O LATE DULAL MIA GAZI R/O VILL. LATHIGRAM PT-I P.O. AND P.S. UDHARBOND DIST. CACHAR ASSAM. 2:MISS F. LALRUATKIMI D/O LATE F. HRANGKHUMA R/O VILL. CHANDMARY VENG P.O. AND P.S. LAWNGTLAI STATE MIZORAM PIN 796891 3:KABIR HUSSAIN BARBHUIYA S/O MANIK UDDIN BARBHUIYA R/O VILL. DHOLCHERRA F.V. P.O. BORTHAL P.S. LALA DIST. HAILAKANDI (ASSAM) PIN 788113 Page No.# 2/4 ------------ Advocate for : MONDAKINI SAIKIA Advocate for : appearing for AZIZUR RAHMAN GAZI ALIAS AJIJUL HOQUE AND ORS Linked Case :MACApp./600/2025 NEW INDIA ASSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 887 M.G. ROAD, FORT MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH FLOOR, LACHIT NAGAR NEAR HANUMAN MADIR G.S. ROAD, GUWAHATI 781007 VERSUS MD AZIZUR RAHMAN GAZI ALIAS AJIJUL HOQUE S/O LATE DULAL MIA GAZI, R/O VILL. LATHIGRAM, PT-I, P.O. AND P.S. UDHARBOND, DIST. CACHAR, ASSAM. 2:MISS F. LALRUATKIMI D/O LATE F. HRANGKHUMA R/O VILL. CHANDMARY VENG P.O. AND P.S. LAWNGTLAI STATE MIZORAM PIN 796891 3:KABIR HUSSAIN BARBHUIYA S/O MANIK UDDIN BARBHUIYA R/O VILL. DHOLCHERRA F.V. P.O. BORTHAL P.S. LALA DIST. HAILAKANDI (ASSAM) PIN 78811 Advocate for the Petitioner : MONDAKINI SAIKIA, MS. M SAIKIA,MS. P BORTHAKUR Advocate for the Respondent : MR A B DEY (R-1), Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 11.02.2026 Heard Mr. R. Goswami, learned counsel for the applicant and Mr. A. B. Dey, learned counsel for the opposite party No. 1. 2. This interlocutory application, under Order XLI Rule V of the Code of Civil Procedure, is preferred by the applicant/appellant for staying the operation of the impugned Judgment and Award, dated 29.01.2025, passed by the learned Member, MACT, Cachar, in MAC Case No. 233/2021, under Section 166 of the MV Act, 1988. 3. Mr. Goswami, learned counsel for the applicant submits that the connected appeal has already been admitted by this Court and the record has also been called for from the learned Tribunal and on such ground, there is a requirement for staying the operation of the impugned Judgment and Award, dated 29.01.2025. 4. Mr. Dey, learned counsel for the opposite party No. 1, however, submits that he has no objection in the event of allowing this interlocutory application, subject, however to depositing of 50% of the awarded amount by the appellant before the Registry of this Court and also to allow the opposite party No. 1/claimant to withdraw the same. 5. Taking note of the submission of the learned counsel for both the parties, this interlocutory application stands disposed of and the impugned Judgment and Award, dated 29.01.2025, stands stayed, till disposal of the appeal; subject, however to depositing of 50% of the awarded by the appellant amount before Page No.# 4/4 the Registry of this Court and on such deposit being made, the opposite party No. 1 is allowed to withdraw the same on executing one bond. 6. In terms of the above, this interlocutory application stands disposed of. JUDGE Comparing Assistant