Sbi General Insurance Co Ltd vs Sumi Das And 2 Ors

Citation : 2021 Latest Caselaw 15 Gua
Judgement Date : 4 January, 2021

Gauhati High Court
Sbi General Insurance Co Ltd vs Sumi Das And 2 Ors on 4 January, 2021
                                                                      Page No.# 1/2

GAHC010108202020




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : MACApp./192/2020

            SBI GENERAL INSURANCE CO LTD
            JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA
            ROAD, ANDHERI (EAST), MUMBAI 400069 AND REGIONAL OFFICE AT 4TH
            FLOOR, B BLOCK, APEEJAY HOUSE 15 PARK STREET, KOLKATA 7000016
            AND BRANCH OFFICE AT 2ND FLOOR, LAKSHMI DARSHAN, OPPOSITE
            BORA SERVICE STATION, G.S. ROAD, GUWAHATI 781076



            VERSUS

            SUMI DAS AND 2 ORS
            W/O LATE RAJEN DAS, R/O VILL. PANICHOKUA GAON, P.S. PULIBOR, P.O.
            PANICHOKUA, DIST. JORHAT, ASSAM, PIN 785006

            2:PRANJAL KACHARI
             S/O LATE BUDHI KACHARI
             R/O VILL. LABANGHAT
             P.O. KASAIGHAT
             P.S. GOLAGHAT
             DIST. GOLAGHAT
            ASSAM
             PIN 785699

            3:SUMESWAR DAS
             S/O SRI BABAI DAS
             R/O VILL. BHITOR KAKILA GAON
             P.O. NEMATIGHAT
             P.S. JORHAT
             DIST. JORHAT
            ASSAM
             PIN 78511

Advocate for the Petitioner   : MR. R GOSWAMI
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Advocate for the Respondent :




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                           ORDER

Date : 04.01.2021 Heard Mr. R. Goswami, learned counsel for the appellant.

As the connected appeal has already been admitted for hearing, this Court is inclined to stay the operation and execution of the impugned judgment and award dated 22.01.2020 passed by the learned MACT, Jorhat in MAC Case No. 37/2015, subject to condition that the applicant shall deposit 50% of the awarded sum before the registry of this Court within a period of 4(four) weeks from today.

Issue notice returnable on 08.02.2021.

The applicant shall take steps for service of notice on opposite party by registered post with A/D as well as by usual process within 3 days.

It is made clear that if the aforesaid amount is not deposited within the time allowed, this order shall not be a bar for enforcement of the award.

List on 08.02.2021.

JUDGE Comparing Assistant