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2025 DAILYLAW 26065 (GAU)

NATIONAL INSURANCE COMPANY LTD v. JAMINI BORAH AND ORS

I.A.(Civil)/3436/2025 · 2025-12-07

Yarenjungla Longkumer

body2025

Judgment text

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Page No.# 1/2 GAHC010179142025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3436/2025 NATIONAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3 MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH G.S. ROAD GUWAHATI-781005 REP. BY THE CHIEF REGIONAL MANAGER GUWAHATI REGIONAL OFFICE. 2: SHRI HEM KANTA TALUKDAR S/O LATE BHARAT CH. TALUKDAR RESIDENT OF WARD NO. 4 DHEMAJI TOWN PS AND DIST DHEMAJI ASSAM 787057 VERSUS JAMINI BORAH AND ORS W/O. LT. DEBESWAR BORAH R/O. VILL.- KURWABAHI P/O. JAMAGURI P/S. JAGORI DIST. NAGAON ASSAMN PIN-782142 2:SRI MRIDUSH PRATIM CHUTIA S/O LATE MUKUTA CHUTIA RESIDENT OF VILLAGE KESUKHANAPARA PS AND DIST DHEMAJI ASSAM 787057 Page No.# 2/2 3:SRI NOMAL CHUTIA S/O LATE MUKUTA CHUTIA RESIDENT OF VILLAGE KESUKHANAPARA PS AND DIST DHEMAJI ASSAM 787057 ------------ Advocate for : Tridib Kalita Advocate for : appearing for JAMINI BORAH AND ORS BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 08.12.2025 Heard Mr. A. Kakati, learned counsel for the applicant. This application under Order 41 Rule 5 of the Code of Civil Procedure, has been filed praying for stay of the operation of the impugned judgment and award dated 05.03.2025 passed by the learned Member, MACT Nagaon in MAC Case No.166/2022. The connected appeal has already been admitted for hearing. Accordingly, this Court is of the view that unless the impugned order is stayed during the pendency of the appeal, prejudice would be caused to the applicant. Accordingly, the operation of the impugned judgment and award dated 05.03.2025 passed by the learned Member, MACT Nagaon in MAC Case No.166/2022 shall remain stayed subject to the condition that the applicant/appellant deposit 50% of the total awarded amount before the Registry of this Court within 6(six) weeks from today. I.A stands disposed of. JUDGE Comparing Assistant