Page No.# 1/3 GAHC010082672026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1398/2026 RAHUL KUJUR S/O LATE KALIYAN KUJUR, R/O. VILLAGE - KAMARDOICHA JALAH, P. O. - KOKILABARI FARM, P.S. - SIMLA, DISTRICT - BAKSA, ASSAM. PIN -781330 VERSUS SRI SIMANTA KALITA, S/O LATE HEMEN KALITA, R/O. - HORIPUR, P.O. - BAHARIHAT, DISTRICT - BARPETA, ASSAM. 781302 2:MD KHALEK ALI (DRIVER) S/O MD. TAHER ALI R/O - VILLAGE - GUAKUCHI P.O. - AMAIPUR P.S. - TAMULPUR DISTRICT - BAKSA ASSAM PIN - 781367 3:ORIENTAL INSURANCE COMPANY LTD A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI - 781 007 REPRESENTED BY THE MANAGER GAUHATI REGIONAL OFFICE ULUBARI GUWAHATI - 78100 Advocate for the Petitioner : MR. I HAQUE, Advocate for the Respondent : MS. R D MOZUMDAR, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 24.07.2026 1. Heard Mr. I. Haque, learned counsel for the appellant. Also heard Ms. R. D. Mozumdar, learned counsel for the Insurance Company. 2. This interlocutory application has been filed by the applicant/respondent No. 1 praying for modification of the order dated 13.03.2026, passed in MAC Appeal No. 111/2026. 3. The applicant is seeking a direction to the Insurance Company to deposit the entire compensation amount awarded to the claimant/applicant before this Court and thereafter to disburse the same in favor of the applicant. 4. Ms. R. D. Mozumdar, the learned counsel for the Insurance Company submits that order dated 13.03.2026 sought to be modified by this application suffers from no infirmity as by the said order, the appeal was admitted and notices were issued to the respondents. She further submits that though the appellant/Insurance Company has filed the stay application but in the said stay application, notices have been issued and no stay has been granted till date. She submits that the said stay application i.e., I.A.(C) No. 794/2026 may be considered on its own merit after the appearance of the opposite parties and this instant interlocutory application may be dismissed. 5. This Court finds force in the submission of learned counsel for the Insurance Company as by the order dated 13.03.2026 passed in the connected MAC appeal, the said appeal was only admitted and notices were issued to the respondents and the records were called for. Hence, same suffers from no infirmity Page No.# 3/3 and requires no interference of this Court. 6. As regards the submissions made by learned counsel for the applicant that since the original report of the connected MAC Case No. 28/2022 has been called for and has been sent by the concerned Tribunal to this Court, the applicant could not pursue the execution case before the said Tribunal. 7. Considering the submission made by the learned counsel for the applicant, Registry is directed to send back a scanned copy of the records of MAC Case No. 28/2022 to the Motor Accident Claims Tribunal, Kamrup, Amingaon so that execution case may be pursued before this said Tribunal. 8. With the above observation, this interlocutory application is dismissed. JUDGE Comparing Assistant