NEW INDIA ASSURANCE COMPANY LTD. v. SAHIDUL BARUAH @ ALI
I.A.(Civil)/865/2025 · 2025-03-25
Devashis Baruah
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9598 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9598 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010060552025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/865/2025 NEW INDIA ASSURANCE COMPANY LTD.
HAVING ITS REGIONAL OFFICE AND HEAD OFFICE AT 87 N.G. ROAD FORT MUMBAI AND ITS REGIONAL OFFICEAT STAR CITY COMPLEX 5TH FLOOR LACHIT NAGAR NEAR HANUMAN MANDIR G.S. ROAD GUWAHATI-781007.GUWAHATI ASSAM VERSUS SAHIDUL BARUAH @ ALI S/O. SACHIN BARUAH @ ALI R/O. MUSALMAN GAON P/S. TARABARI DIST. BARPETA ASSAM PIN-781301.
2:DIPEN BORA S/O. LT. JOGEN BORA R/O. NORTH GAUHATI NEAR RANGMAHAL P/S. NORTH GUWAHATI DIST. KAMRUP ASSAM PIN-781030 3:DEBA NATH S/O. SRI KERKAN NATH R/O. CHALADAL MATHAJHAR
Page No.# 2/3 P/O. AND P/S. SIPAJHAR DIST. DARRANG ASSAM PIN-784145. ------------ For the Applicant(s) : Mr. R. Goswami, 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 27.12.2024 passed by the learned Member, Motor Accident Claims Tribunal No.1, Kamrup (M) at Guwahati in MAC Case No.1339/2020.
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 27.12.2024 passed by the learned Member, Motor Accident Claims Tribunal No.1, Kamrup (M) at Guwahati in MAC Case No.1339/2020 is required to be stayed subject to deposit of 50% of the awarded amount before the Registry of this Court within 6 (six) weeks from today.
4. Accordingly, the judgment and award dated 27.12.2024 passed by the learned Member, Motor Accident Claims Tribunal No.1, Kamrup (M) at Guwahati in MAC Case No.1339/2020 is stayed till the disposal of the
Page No.# 3/3 instant appeal subject to deposit of 50% of the awarded amount before the Registry of this Court within 6 (six) weeks from the date of the instant order.
5. The claimants 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