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2025 DAILYLAW 8183 (GAU)

NEW INDIA ASSURANCE CO. LTD. v. MD CHAFIKUL ALIAS SOFIKUL HUSSAIN

I.A.(Civil)/629/2025 · 2025-03-06

Devashis Baruah

body2025

Judgment text

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Page No.# 1/3 GAHC010039622025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/629/2025 NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGD OFFICE AT NEW INDIA ASSURANCE BUILDING 87 MG ROAD MUMBAI AND ONE OF THE REGIONAL OFFICES AT STAR CITY COMPLEX 5THF LOOR LACHIT NAGAR GUWAHATI- 781005 NEAR HANUMAN MANDITR VERSUS MD CHAFIKUL ALIAS SOFIKUL HUSSAIN R/O- VILL- MANIKPUR ADARSHAGAON P.O- DHAKUAKHANA PIN-787055 DIST- LAKHIMPUR ASSAM 2:GAUTAM SEN S/O. LT. GANESH CH. SEN R/O. RISHI AUROBINDA ROAD HAKIMPARA SILIGURI PIN-734001 DIST. DARJEELING WEST BENGAL. 3:JIBAN NATH S/O. LT. MAHENDRA NATH VILL.- A. T .ROAD DHEKIAJURI Page No.# 2/3 P/O. TINSUKIA PIN-786125 P/S. TINSUKIA TOWN 24 NO. SHEET (OG) DIST. TINSUKIA ASSAM. For the applicant (s) : Mr. K. K. Bhatta, Advocate For the respondent (s) : XXXX BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 07.03.2025 This is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 for stay of the operation of the judgment and award dated 20.12.2024 passed by the learned Member, MACT No.3, Kamrup (M) at Guwahati in MAC Case No.2004/2019. 2. This Court has already admitted the accompanying Appeal. It is the opinion of this Court that taking into account that the appellant has been able to make out a case, the impugned judgment and award dated 20.12.2024 passed by the learned Member, MACT No.3, Kamrup (M) at Guwahati in MAC Case No.2004/2019 is required to be stayed subject to deposit of 50% of the awarded amount along with 9% interest from the date of Page No.# 3/3 filing of the claim petition till the date of actual deposit be deposited before the Registry of this court within 6(six) weeks from today. 3. Accordingly, the impugned judgment and award dated 20.12.2024 passed by the learned Member, MACT No.3, Kamrup (M) at Guwahati in MAC Case No.2004/2019 is stayed subject to deposit of 50% of the awarded amount along with 9% interest from the date of filing of the claim petition till the date of actual deposit. 4. This Court grants liberty to the claimant to file an application before the Registry of this Court and upon such application being filed, the Registry shall after making due identification and proper verification and upon furnishing of the bank details release the said amount to the claimant. 5. In view of the above, the instant I.A. stands disposed of. JUDGE Comparing Assistant