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2025 DAILYLAW 5706 (GAU)

M/S HDFC ERGO GEN INS. CO. LTD v. SRI ROHUL AMIN and ANR

I.A./245/2016 · 2025-04-20

Devashis Baruah

body2025

Judgment text

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Page No.# 1/2 GAHC010006952016 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A./245/2016 M/S HDFC ERGO GEN INS. CO. LTD HAVING ITS REGISTERED OFFICE AT 6TH FLOOR LEELA BUSINESS PARK ANDHERI KURLA ROAD ANDHERI EAST MUMBAI 400059 AND A BRANCH OFFICE AT BHANGAGARH GUWAHATI-5 VERSUS SRI ROHUL AMIN and ANR S/O LATE ATOWAR JAMAL R/O VILL. CHAKUMAKU P.S. MORIGAON DIST. MORIGAON ASSAM. 2:RAJA DAS GUPTA S/O SRI SWAPAN DAS GUPTA R/O VILL. NAKHOLAGRANT KISHORE CLUB P.S. JAGIROAD DIST. MORIGAON ------------ For the Applicant(s) : Ms. L. Sharma, Advocate For the Respondent(s) : None appears BEFORE Page No.# 2/2 HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 21.04.2025 This is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 for stay of the judgment and award dated 07.09.2015 passed by the learned Member, MACT, Morigaon in MAC Case No. 66/2010 whereby an amount of Rs. 1,87,088/- have been saddled upon the appellant along with interest at the rate of 8% till final realization. 2. Taking into account the ground of objection on which the appeal has been admitted, this Court stays the impugned judgment and award dated 07.09.2015 passed by the learned Member, MACT, Morigaon in MAC Case No. 66/2010 till the disposal of the instant appeal subject to deposit of Rs. 1,87,088/- before the Registry of this Court within 6 (six) weeks from the date of the instant order. 3. This Court further grants liberty to the respondent No. 1 who is the claimant to file appropriate application before the Registry of this Court and the Registry shall on the basis of such application and after making due identification and proper verification and also upon furnishing of the bank particulars release the said amount to the claimants. 4. I.A. stands disposed of. JUDGE Comparing Assistant