Page No.# 1/3 GAHC010019092026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/634/2026 CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD. HAVING ITS BRANCH OFFICE AT AASTHA PLAZA OPPOSITE OF S.B. DEORAH COLLEGE 4TH FLOOR BORA SERVICE GUWAHATI DIST. KAMRUP (M) ASSAM (REPRESENTED BY ITS DEPUTY MANAGER CLAIMS (LEGAL) MR. KAIFI ANAM) VERSUS PRATIMA RABHA AND 2 ORS W/O DIPAK RABHA 2:DIPAK KUMAR RABHA S/O LATE RAJANI RABHA BOTH ARE R/O VILL. BHAYASHKHULI P.S. AGIA DIST. GOALPARA ASSAM PIN 783101 3:CHATARJEE RABHA S/O LATE NOGEN RABHA R/O VILL. CHILUK PT II P.O. AND P.S. DUDHNOI DIST. GOALPARA ASSAM PIN 783124 4:DIGANTA RABHA Page No.# 2/3 S/O NICHORAM RABHA R/O VILL. UDAYPUR P.S. AND P.O. DUDHNOI DIST. GOALPARA ASSAM PIN 783101 ------------ Advocate for : MR. A BHATTACHARYYA Advocate for : appearing for PRATIMA RABHA AND 2 ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 13.03.2026 1. Heard Mr. T. Kalita, the learned counsel appearing on behalf of Mr. A. Bhattacharyya, the learned counsel for the applicant. 2. This Interlocutory Application under Order 41 Rule 5 of the Code of Civil Procedure, 1908 has been filed by the applicant in connection with MAC Appeal No. 86/2026 praying for stay of execution of the impugned judgment and award dated 07.11.2025 passed by the Motor Accident Claims Tribunal, Goalpara. 3. The learned counsel for the appellant submits that the aforesaid judgment and award has been impugned by the applicant in the connected MAC Appeal No. 86/2026 and the said appeal has already been admitted. 4. He also submits that the Insurance Company is ready to deposit 50% of the awarded amount as a condition for grant of stay execution of the impugned judgment and award. Page No.# 3/3 5. Considering the submissions made by the learned counsel for the applicant, the notice to the respondents-opposite party is hereby waived in this Interlocutory Application and this Interlocutory Application is allowed. 6. The execution of the judgment and award dated 07.11.2025 passed in MAC Case No. 07/2022 passed by the Motor Accident Claims Tribunal, Goalpara shall remain stayed during the pendency of the connected MAC Appeal No. 86/2026 subject to deposit of 50% of the awarded amount by the applicant Insurance Company before the Registry of this case within a period of six weeks from the date of this order. 7. This Interlocutory Application is accordingly, disposed of. JUDGE Comparing Assistant