SBI GENERAL INSURANCE COMPANY LTD v. JINAMONI HAZARIKA NATH AND ORS
I.A.(Civil)/1423/2026 · 2026-05-18
Mridul Kumar Kalita
body2026
DailyLaw.ai
[ 2026 DAILYLAW 6369 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6369 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010146272025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1423/2026 SBI GENERAL INSURANCE COMPANY LTD JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA ROAD ANDHERI (EAST) MUMBAI-400069 REGIONAL OFFICE AT 4TH FLOOR B BLOCK APEEJAY HOUSE 15 PARK STREET KOLKATA-7000016 AND BRANCH OFFICE AT 2ND FLOOR LAKSHMI DARSHAN BUILDING OPPOSITE BORA SERVICE G.S. ROAD ULUBARI GUWAHATI-781007 ASSAM. VERSUS JINAMONI HAZARIKA NATH AND ORS W/O. LT. GYANDIP NATH 2:NAYANDEEP NATH S/O. LT. GYANDIP NATH 3:DICHANI NATH D/O. LT. GYANDIP NATH ALL ARE R/O. VILL.- HAUTOLEY NATH GAON P/O. MELAMORA P/S. KAMARGAON DIST. GOLAGHAT ASSAM PIN-785702 RESPONDENT NO. 2 AND 3 BEING MINORS ARE REP. BY HER KEGAL GUARDIAN MOTHER I.E. RESPONDENT NO. 1
Page No.# 2/3 4:MONJU HAZARIKA S/O. SRI KHAGEN HAZARIKA R/O.VILL.- MELAMORA GAON P/O. MELAMORA P/S. KAMARGAON DIST. GOLAGHAT ASSAM PIN-785702 5:BIBI NATH W/O. SRI DIMDESWAR NATH R/O. VILL.- HAUTOLEY NATH GAON P/O. MELAMORA P/S. KAMARGAON DIST. GOLAGHAT ASSAM PIN-785702. ------------ Advocate for : MONDAKINI SAIKIA Advocate for : MR. M DUTTA appearing for JINAMONI HAZARIKA NATH AND ORS
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 19.05.2026
1. Heard Mr. R. Goswami, learned counsel for the applicant. Also heard Mr. M. Dutta, learned counsel for the respondent/claimant. 2. This interlocutory application under Order 41 Rule 5 of the Code of Civil Procedure has been filed by the applicant/Insurance Company in connection with connected MFA No. 39/2026 praying of stay of execution of the impugned judgment and award dated 24.03.2025, passed by the learned Commissioner, Employees’ Compensation, Golaghat, in E.C. Case No. 5/2024. 3. The learned counsel for the applicant submits that the applicant is
Page No.# 3/3 ready to deposit 50% of the award amount as a condition for grant of stay of the impugned judgment and award. 4. The learned counsel for the claimant is also not objecting to grant of stay on the said condition. As such, notice to other respondents are waived and this interlocutory application is allowed. 5. The execution of the impugned judgment and award dated 24.03.2025 shall remain stayed during the pendency of the connected MFA No. 39/2026 subject to deposit of 50% of the award amount by the applicant/Insurance Company before the Registry of this Court within a period of six weeks from the date of this order. 6.
If such a deposit is made by the applicant in pursuant to this order, same shall be disbursed to the claimant/applicant by the Registry after proper verification on furnishing of a bond of amount equal to the amount deposited by the Insurance Company. 7. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant