Gauhati High Court
The Bharati Axa General Insurance ... vs Amela Khatun And 3 Ors on 11 February, 2021
Page No.# 1/3
GAHC010207762018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./29/2021
THE BHARATI AXA GENERAL INSURANCE COMPANY LTD
HAVING ITS HEAD OFFICE AT 3RD FLOOR, SPECTRUM TOWERS, B WING,
MALAD LINK ROAD, MALAD (WEST), MUMBAI- 400064 AND ITS
REGIONAL OFFICE AT EMAMI MARKET, 4TH FLOOR, 3 LORD SINHA
ROAD, KOLKATA- 700071.
VERSUS
AMELA KHATUN AND 3 ORS
W/O- LATE FALU MIAH, R/O- VILL.- PATLIKUCHI, P.S. AND DIST. BARPETA,
ASSAM, PIN- 781314.
2:BASATI NESSA
W/O- LATE SABULUDDIN
R/O- VILL.- PATLIKUCHI
P.S. AND DIST. BARPETA
ASSAM
PIN- 781314.
3:MASER ALI AHMED
S/O- ABUL KASHEM
R/O- VILL.- ALIGAON
P.S. MANIKPUR
DIST.- BARPETA
ASSAM
PIN- 781308.
4:MD. MESER ALI
S/O- KASGUN ALI
C/O- GANESH BIN GANAPALI NAGAR
LAL GANESH
BL NO. 4
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WARD NO. 15
H/NO. 28
GUWAHATI
DIST.- KAMRUP
ASSAM
PIN- 781034
Advocate for the Petitioner : MR. R GOSWAMI
Advocate for the Respondent :
Linked Case : I.A.(Civil)/288/2019
THE BHARATI AXA GENERAL INSURANCE COMPANY LTD
HAVING ITS HEAD OFFICE AT 3RD FLOOR
SPECTRUM TOWERS
B WING
MALAD LINK ROAD
MALAD (WEST)
MUMBAI 400064 AND ITS REGIONAL OFFICE AT EMAMI MARKET
4TH FLOOR
3 LORD SINHA ROAD
KOLKATA 700071
VERSUS
AMELA KHATUN AND 3 ORS
W/O LATE FALU MIAH
R/O VILL. PATILKUCHI
P.S. BARPETA
DIST. BARPETA
ASSAM
PIN 781314
2:BASATI NESSA
W/O LATE SABULUDDIN
R/O VILL. PATILKUCHI
P.S. BARPETA
DIST. BARPETA
ASSAM
PIN 781314
------------
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Advocate for : MR. R GOSWAMI
Advocate for : MR. A A AHMED appearing for AMELA KHATUN AND 3 ORS
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
11.02.2021
Heard Mr. R. Goswami, learned counsel for the applicant.
As the connected appeal has been admitted for hearing, this Court is inclined to stay
the operation of the impugned judgment and order dated 09.04.2018 passed by the learned
Member, MACT, Barpeta in MAC Case No.695/16, 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.
It is also made clear that if such amount is not deposited within the next returnable
date, this order shall not be a bar for the enforcement of the award.
On such deposit being made, the Registry shall permit the opposite party nos.1 and 2
to withdraw the amount by maintaining the earlier conditions imposed by the learned Tribunal
of keeping Rs.1,50,000/- (Rupees One lakh fifty thousand only) each in fixed deposit in the
name of the opposite party nos.1 and 2. And the balance amount shall be disbursed equally
to the said opposite party nos.1 and 2 on being duly identified by their learned counsel.
This application stands disposed of.
JUDGE
Comparing Assistant
