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2025 DAILYLAW 9354 (GAU)

CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED v. SMT REKHA BASFORE AND 5 ORS

I.A.(Civil)/2020/2025 · 2025-10-23

Budi Habung

body2025

Judgment text

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Page No.# 1/3 GAHC010056722025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2020/2025 CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT SHAW WALLACE BUIDING NEW NO. 319 OLD NO. 154 2ND FLOOR THAMBU CHETTY CHENNAI PIN-6000001 INDIA ITS ZONAL OFFICE AT OFFICE NO. 201 AND 202 L AND T CHAMBERS 2ND FLOOR 16 CAMAC STREET KOLKATA-700017 AND ITS GUWAHATI REGIONAL OFFICE AT 4TH FLOOR AASTHA PLAZA BORA SERVICE G.S. ROAD GUWAHATI KAMRUP (M) ASSAM-781007 REP BY THE DEPUTY LEGAL CLAIMS OF GUWAHATI REGIONAL OFFICE VERSUS SMT REKHA BASFORE AND 5 ORS W/O. LT. MADAN BASFORE 2:RAJESH BASFORE LT. MADAN BASFORE 3:PUJA BASFORE Page No.# 2/3 D/O. LT. MADAN BASFORE ALL ARE R/O. QUARTER NO. 215-A TYPE-II NAMBARI MALIGAON P/S. JALUKBARI GUWAHATI ASSAM PIN-781014. 4:SANAMATI BASFORE W/O. LT. MADAN BASFORE 5:ARJUN BASFORE S/O. LT. MADAN BASFORE BOTH ARE R/O. CYCLE FACTORY FATASIL AMBARI P/O. AND P/S. FATASIL AMBARI GUWAHATI ASSAM PIN-781025. 6:PAPPU KUMAR SHARMA S/O. DINESH KR. SHARMA R/O. SHARMA TYRE SERVICE FATASIL AMBARI P/O. AND P/S. FATASIL AMBARI GUWAHATI ASSAM PIN-781025 ------------ Advocate for : Tridib Kalita Advocate for : appearing for SMT REKHA BASFORE AND 5 ORS Page No.# 3/3 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER 24.10.2025 Heard Mr. A. Kakati, learned counsel for the applicant/Insurance Company. Also heard Ms. D. D. Roy, learned counsel for the respondent Nos. 1 to 3 and Ms. M. Patgiri, learned counsel for the respondent Nos. 4 & 5. 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 impugned judgment and order dated 23.10.2024, passed by the learned Member, Motor Accident Claims Tribunal, No.2, Kamrup (M), Guwahati in MAC Case No. 2635/2016. 3. Since the connected appeal has already been admitted for hearing, the operation of the impugned judgment and order dated 23.10.2024, passed by the learned Member, Motor Accident Claims Tribunal, No.2, Kamrup (M), Guwahati in MAC Case No. 2635/2016, shall remain stayed, subject to the condition that the applicant/Insurance Company deposits 50% of the total awarded amount before the Registry of this Court within a period of 4 (four) weeks from today. 4. On such deposit being made by the applicant/Insurance Company, the same shall be allowed to be withdrawn by the respondent Nos. 1 to 5/claimants upon furnishing a bond of like amount. 5. With the above directions, the interlocutory application accordingly stands disposed of. JUDGE Comparing Assistant