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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3292/2025 NEW INDIA ASSURANCE CO LTD A CO. REGISTERED UNDER THE COMPANIES ACT 1956 REPRESENTED BY ITS REGIONAL MANAGER G.S. ROAD GUWAHATI 7 VERSUS SMT KAMINI PATHAK W/O LATE LOHIT CH. PATHAK R/O VILL. BATIKURIHA P.O. BHELLA P.S. BARPETA DIST. BARPETA ASSAM 781309 2:SRI BHAJAN PAUL R/O VILL SINGRIMARI PO KALAIGAON PS MANGALDOI 3:SRI SATYAM SAIKIA R/O VILL PANIBHARAL PO PANIBHARAL PS BISHWANATH CHARIALI 4:BHAJAN PAUL S/O SUNIL PAUL R/O VILL. SINGRIMARI P.O. KALAIGAON P.S.MANGALDAI DIST. DARRANG ASSAM 784525 5:SATYAM SAIKIA
Page No.# 2/2 S/O PRAFULLA SAIKIA R/O VILL.PANIBHARAL P.O. PANIBHARAL P.S. BISWANATH CHARIALI DIST. BISWANATH ASSAM 784176 ------------ Advocate for : AYUSMAN ACHARYA Advocate for : appearing for SMT KAMINI PATHAK
BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER
ORDER Date : 08.12.2025 Heard Mr. A. Acharya, 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 03.04.2025 passed by the learned Member, MACT No.2, Kamrup(M) at Guwahati in MAC Case No.1572/2018. 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 03.04.2025 passed by the learned Member, MACT No.2, Kamrup(M) at Guwahati shall remain stayed subject to the condition that the applicant/appellant deposit 40% 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