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2025 DAILYLAW 26463 (GAU)

NATIONAL INSURANCE COMPANY LTD v. BIRINCHI BHUYAN AND ORS

I.A.(Civil)/3078/2025 · 2025-12-09

Yarenjungla Longkumer

body2025

Judgment text

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Page No.# 1/3 GAHC010119142025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3078/2025 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. VERSUS BIRINCHI BHUYAN AND ORS S/O/ LT. RATNESWAR BHUYAN R/O. VILL.- MIKIRBORACHUK P/O. MIKIRBOROCHUK P/S. GOHPUR DIST. BISWANATH ASSAM PIN-784178. 2:YASKE ALAM S/O. ABDUL HUSSAIN R/O. NALINIBARI TETUNBARI P/O. DAFFLAGARH P/S. GOHPUR DIST. BISWANATH ASSAM PIN-784171. 3:MATILAL KISHAN S/O. SRI KITAL KISHAN Page No.# 2/3 R/O. GAHPUR TEA ESTATE P/O. GOHPUR P/S. GOHPUR DIST. BISWANATH ASSAM PIN-784168. ------------ Advocate for : Tridib Kalita Advocate for : appearing for BIRINCHI BHUYAN AND ORS BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 10.12.2025 Heard Mr. T. Kalita learned counsel for the applicant as well as Ms. D. Pathak on behalf of Mr. P. Neog, learned counsel for the respondent No.1/claimant. This application under Order XLI, Rule 5 of the CPC has been filed praying for stay of the operation of the impugned judgment and award dated 10.02.2025 passed by the learned Member, MACT, Biswanath at Biswanath Chariali in MAC Case No.37 of 2018(D) during the pendency of the appeal. The learned counsel for the applicant submits that the main appeal has been admitted for hearing wherein the appellant has taken good grounds and there is likelihood of the appeal being successful. It is therefore prayed that the judgment and award dated 10.02.2025 be stayed during the pendency of the appeal. This Court has considered the facts and circumstances of the present case and directs that the impugned judgment and award dated Page No.# 3/3 10.02.2025 shall remain stayed subject to deposit of 30% of the awarded amount before the Registry of this Court within 4(four) weeks from today. I.A. is disposed of. JUDGE Comparing Assistant