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2026 DAILYLAW 371 (GAU)

THE NEW INDIA ASSURANCE CO. LTD. v. ACHAN ALI AND ORS

I.A.(Civil)/47/2026 · 2026-01-20

Mitali Thakuria

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010014982025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./14/2026 THE NEW INDIA ASSURANCE CO. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1985, REP. BY REGIONAL MANAGER, G.S. ROAD, GUWAHATI-7. VERSUS ACHAN ALI AND ORS S/O. LT.SONAULLA SHEIKH. 2:MAYFUL NESSA W/O. ACHAN ALI BOTH ARE R/O. VILL. CHATPARA P/O. JOGIGHOPA P/S. JOGIGHOPA DIST. BONGAIGAON ASSAM PIN-783382. 3:THE DIVISIONAL MANAGER THE NATIONAL INSURANCE COMPANY LTD. BONGAIGAON DIVISON BONGAIGAON P/O. JOGIGHOPA P/S. JOGIGHOPA DIST. BONGAIGAON ASSAM PIN-783380 4:NANHOO YADAV S/O. RAMPRIT C/O. SANJAY KUMAR CHIRIPAL PLOT NO. 24 SPECTRUM PROJECT-1 WEST 5TH EXT. GHANDI NAGAR POST BERHAMPUR Page No.# 2/5 GANJAN ODHISHA-760001 5:SUSHIL KUMAR CHOUDHURY S/O. SHREE RAM CHOUDHURY R/O. HADHIA KALA P/O. HASHIA KALA P/S. REOTI DIST. BALLIA UTTAR PRADESH-277209. 6:ANAR HUSSAIN S/O. ATOWAR HUSSAIN R/O. VILL. DOLONI BEEL P/O. BALAPARA P/S. JOGIGHOPA DIST. BONGAIGAON ASSAM PIN-783388 7:MEHER ZAMAL S/O. ABU BAKKAR SIDDIQUE R/O. VILL. KABAITARY PART-V P/O. JOGIGHOPA P/S. JOGIGHOPA DIST. BONGAIGAON ASSAM PIN-78338 Advocate for the Petitioner : AYUSMAN ACHARYA, MRS B ACHARYA,MRS S ACHARYA Advocate for the Respondent : MRS. D DAS BARMAN, MR. M KHAN(R-1,2),MR A K DAS (R- 1,2),MS J AKTAR(R-1,2) Linked Case : I.A.(Civil)/47/2026 THE NEW INDIA ASSURANCE CO. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT 1985 REP. BY REGIONAL MANAGER G.S. ROAD GUWAHATI-7. VERSUS ACHAN ALI AND ORS S/O. LT.SONAULLA SHEIKH. Page No.# 3/5 2:MAYFUL NESSA W/O. ACHAN ALI BOTH ARE R/O. VILL. CHATPARA P/O. JOGIGHOPA P/S. JOGIGHOPA DIST. BONGAIGAON ASSAM PIN-783382 3:THE DIVISIONAL MANAGER THE NATIONAL INSURANCE COMPANY LTD. BONGAIGAON DIVISON BONGAIGAON P/O. JOGIGHOPA P/S. JOGIGHOPA DIST. BONGAIGAON ASSAM PIN-783380 4:NANHOO YADAV S/O. RAMPRIT C/O. SANJAY KUMAR CHIRIPAL PLOT NO. 24 SPECTRUM PROJECT-1 WEST 5TH EXT. GHANDI NAGAR POST BERHAMPUR GANJAN ODHISHA-760001 5:SUSHIL KUMAR CHOUDHURY S/O. SHREE RAM CHOUDHURY R/O. HADHIA KALA P/O. HASHIA KALA P/S. REOTI DIST. BALLIA UTTAR PRADESH-277209. 6:ANAR HUSSAIN S/O. ATOWAR HUSSAIN R/O. VILL. DOLONI BEEL P/O. BALAPARA P/S. JOGIGHOPA DIST. BONGAIGAON ASSAM PIN-783388 7:MEHER ZAMAL S/O. ABU BAKKAR SIDDIQUE Page No.# 4/5 R/O. VILL. KABAITARY PART-V P/O. JOGIGHOPA P/S. JOGIGHOPA DIST. BONGAIGAON ASSAM PIN-783388 ------------ Advocate for : AYUSMAN ACHARYA Advocate for : MRS. D DAS BARMAN appearing for ACHAN ALI AND ORS BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 21.01.2026. Heard Mr. A. Acharya, learned counsel for the applicant/ appellant. Also heard Mr. M. Khan, learned counsel appearing for the opp. Parties/respondent Nos. 1 & 2 and Ms. D.D. Barman, learned counsel appearing for the opp. Party/ respondent No.3. This is an application for stay of the judgment and award dated 30.07.2024, passed by the learned Member, MACT, Bongaigaon in MAC Case No.170/2021, whereby the present appellant was directed to satisfy 50% of the awarded amount. From the submission made by the learned counsel for the parties, it is seen that 50% of the awarded amount has already been satisfied by the respondent No.3 i.e. the National Insurance Co. Ltd. However, the connected appeal has been filed by the present applicant/appellant, as they were directed to pay the remaining 50% of the awarded amount. Mr. Acharya, the learned counsel for Page No.# 5/5 the applicant/appellant submitted that they are ready to deposit half of the remaining 50% of the awarded amount i.e. Rs.3, 27, 650/- (Rupees three lakh twenty seven thousand six hundred and fifty) only, before the Registry of this Court for stay of operation of the impugned judgment and award dated 30.07.2024. Considering the submission made by Mr. Acharya, the learned counsel for the applicant/appellant, let the operation of impugned judgment and award dated 30.07.2024 be stayed in respect of the award which is to be satisfied by the present applicant/appellant till disposal of the connected MAC Appeal, subject to the condition that an amount of Rs.3,27,650/- (Rupees three lakh twenty seven thousand six hundred and fifty) only be deposited before the Registry of this Court within six (6) weeks from today. The respondent Nos. 1 & 2 are at the liberty to file an interlocutory application for release of the said deposited amount, if so advised. With the above observation, this Interlocutory Application stands allowed and disposed of. JUDGE Comparing Assistant