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2025 DAILYLAW 3218 (GAU)

THE ORIENTAL INSURANCE COMPANY LTD. v. SMTI PRABHANJALI KALITA AND ANR

I.A.(Civil)/12/2025 · 2026-05-17

Yarenjungla Longkumer

body2025

Judgment text

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Page No.# 1/3 GAHC020000502025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/12/2025 THE ORIENTAL INSURANCE COMPANY LTD. DIMAPUR DIVISIONAL OFFICE DIMAPUR NAGALAND VERSUS SMTI PRABHANJALI KALITA AND ANR W/O MAHIDRA KALITA R/O C/O IMSEN JAMIR MOKOKCHUNG TOWN PO AND PS MOKOKCHUNG NAGALAND 2:SHRI DEBABRATA DAS S/O TILESWAR DAS VILLAGE GHARMARA PO GHARMARA PS NORTH- LAKHIMPUR DIST. LAKHIMPUR ASSAM-787001 (OWNER CUM DRIVER OF VEHICLE NO AS-07-L/0798) ------------ Advocate for : ANJANA MODI Advocate for : appearing for SMTI PRABHANJALI KALITA AND ANR Page No.# 2/3 Linked Case : MACApp./1/2025 ORIENTAL INSURANCE COMPANY LTD. DIMAPUR DIVISIONAL OFFICE CHURCH ROAD DIMAPUR-797112 VERSUS SMTI PRABHANJALI KALITA AND ANR W/O MAHIDRA KALITA R/O C/O IMSEN JAMIR MOKOKCHUNG TOWN PO AND PS MOKOKCHUNG NAGALAND 2:SHRI DEBABRATA DAS S/O TILESWAR DAS VILLAGE GHARMARA PO GHARMARA PS NORTH- LAKHIMPUR DIST. LAKHIMPUR ASSAM-787001 (OWNER CUM DRIVER OF VEHICLE NO AS-07-L/0798) ------------ Advocate for : ANJANA MODI Advocate for : B. N. SARMAH appearing for SMTI PRABHANJALI KALITA AND ANR BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 18-05-2026 The instant application praying for stay of the impugned judgment and award dated 25.09.2024 in MAC Case No. 15/2022, passed by the learned MACT, Mokokchung, Nagaland has been filed by the applicant/appellant Page No.# 3/3 praying for suspension of the impugned judgment and award during the pendency of the main appeal. 2. Heard learned counsel for the applicant, Mr. Z. Kulnu. 3. It is the prayer of the learned counsel that the appellant has taken good grounds of appeal, which is likely to succeed and, therefore, in the interest of justice it is prayed that the impugned judgment and award may be stayed as the main appeal, MACApp./1/2025 has already been admitted by this Court. 4. Learned counsel, Mr. Imtiwapang is present for the respondents. 5. In the interest of justice, the impugned judgment and award dated 25.09.2024 in MAC Case No. 15/2022, passed by the learned MACT, Mokokchung, Nagaland shall remain suspended during the pendency of MACApp./1/2025 subject to the condition that the appellant shall submit 50% of the award before the Registry of this Court within 6 (six) weeks from today. The application is accordingly allowed. 6. I.A. stands disposed. JUDGE Comparing Assistant