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2025 DAILYLAW 9223 (GAU)

ORIENTAL INSURANCE CO LTD v. LULU CHETIA

I.A.(Civil)/807/2025 · 2025-03-25

Devashis Baruah

body2025

Judgment text

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Page No.# 1/3 GAHC010054042025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/807/2025 ORIENTAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A-25/27 ASAF ALI ROAD NEW DELHI REGIONAL OFFICE AT GUWAHATI-07 REP. BY THE REGIONAL MANAGER. VERSUS LULU CHETIA W/O. LT. BINOD CHETIA 2:NICHAN CHETIA S/O. LT. BINOD CHETIA 3:NILAM CHETIA D/O. LT. BINOD CHETIA ALL ARE R/O. VILLAGE NO. 1 PADUMONI P/O . SARUPATHAR P/S. SARUPATHAR DISTRICT GOLAGHAT ASSAM-785601. PRESENTLY RESIDING AT BELTOLA TINIALI P/S. DISPUR DISTRICT- KAMRUP (M) ASSAM. 4:RUPESH SAHAL S/O. CHIRANJEE LAL SAHAL R/O. VILL.- WARD NO. 03 SARUPATHAR TOWN Page No.# 2/3 P/S. SARUPATHAR DIST. GOLAGHAT ASSAM PIN-785621. ------------ For the Applicant(s) : Ms. M. Choudhury, Advocate For the Respondent(s) : None appears. BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 26.03.2025 This is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 (for short ‘the Code’) for stay of the judgment and award dated 03.01.2025 passed by the learned Member, Motor Accident Claims Tribunal, No.1, Kamrup (M) at Guwahati in MAC Case No.444/2018. 2. This Court had already admitted the accompanying appeal. 3. Taking into account the materials on record and the grounds of objection, this Court is of the opinion that the impugned judgment and award dated 03.01.2025 passed by the learned Member, Motor Accident Claims Tribunal, No.1, Kamrup (M) at Guwahati in MAC Case No.444/2018 is required to be stayed subject to deposit of Rs.5,00,000/- before the Registry of this Court within 6(six) weeks from today. 4. Accordingly, the judgment and order dated dated 03.01.2025 passed by the learned Member, Motor Accident Claims Tribunal, No.1, Kamrup (M) at Guwahati in MAC Case No.444/2018 is stayed till the disposal of Page No.# 3/3 the instant appeal subject to deposit of Rs.5,00,000/- before the Registry of this Court within 6 (six) weeks from the date of the instant order. 5. The claimant shall be at liberty 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. 6. Interlocutory application accordingly stands disposed of. JUDGE Comparing Assistant