ORIENTAL INSURANCE COMPANY LTD. v. SARIFUDDIN AHMED AND ORS
I.A.(Civil)/638/2025 · 2025-03-06
Devashis Baruah
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8550 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8550 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010044652025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No.: I.A.(Civil)/638/2025 ORIENTAL INSURANCE COMPANY LTD.
HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI - 781007 REPRESENTED BY THE DEPUTY MANAGER GAUHATI REGIONAL OFFICE ULUBARI GUWAHATI - 78L007 VERSUS SARIFUDDIN AHMED AND ORS S/O MD. AMIR ALI R/O. VILLAGE - CHIKONMATI P. O. AND P.S. - DALGAON DISTRICT - DARRANG ASSAM. PIN 784116 2:NASIRUDDIN AHMED S/O LATE ABDUL GAFUR R/O. - VILLAGE - GHANSIMALU P.O. - GHANSIMALI P.S. - KHARUPETIA DISTRICT - DARRANG ASSAM. PIN - 784115 3:MAINUL HAQUE S/O. OSMAN ALI R/O. - VILLAGE - GHANSIMALU P.O. - GHANSIMALI P.S. - KHARUPETIA DISTRICT - DARRANG ASSAM. PIN - 784115
Page No.# 2/3
For the applicant (s) : Mr. S. P. Sharma, Advocate
For the respondent (s) : XXXX
BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R
07.03.2025
Heard Mr. S. P. Sharma, the learned counsel appearing on behalf of the applicant.
2. This is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 praying for stay of the operation of the judgment and award dated 29.11.2024 passed by the learned Member, MACT No.3, Kamrup (M) at Guwahati in MAC Case No.2021/2019 till the disposal of the accompanying Appeal.
3. Taking into account the above, the impugned judgment and award dated 29.11.2024 is stayed subject to deposit of Rs.2,20,723/- as awarded vide the judgment and award dated 29.11.2024 before the Registry of this Court within 6(six) weeks from today.
4. This Court grants liberty to the claimant to file an application before the Registry of this Court and upon such application being
Page No.# 3/3 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. This Court further observes that in the circumstance the instant accompanying Appeal is allowed, the appellant would be permitted to claim the said amount of Rs.2,20,723/- from the owner of the vehicle.
6. In view of the above, the instant I.A. stands disposed of. JUDGE Comparing Assistant