New India Assurance Co. Ltd vs Musstt. Rujuma Begum And 2 Ors
2021 Latest Caselaw 506 Gua

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GAHC010179332020




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

                                Case No. : MACApp./286/2020

            NEW INDIA ASSURANCE CO. LTD
            A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES
            ACT 1956 HAVING ITS REGISTERED OFFICE AT 87, MAHATMA GANDHI
            ROAD, FORT MUMBAI 400001 AND ONE OF ITS REGIONAL OFFICE AT G.S.
            ROAD, BHANGAGARH, GUWAHATI 781005 AND REPRESENTED BY ITS
            CHIEF REGIONAL MANAGER.



            VERSUS

            MUSSTT. RUJUMA BEGUM and 2 ORS,
            W/O MD. FARUG HUSSAIN @ JAMALUDDIN, R/O VILL. KACHARIGAON,
            P.S. TEZPUR, DIST. SONITPUR, ASSAM.
            Advocate - MR. P P BORTHAKUR,

            2:MD. IMANUDDIN

             S/O MD. A MTALIB
             VILL. KAMARCHUBURI
             P.S. TEZPUR
             P.O. PITHAKHOWA
             SONITPUR
             ASSAM.

            3:SYED ALTAF HUSSAIN

             S/O SYED AMIR HUSSAI
             VILL. BESSERIA
             P.S. TEZPUR
             DIST. SONITPUR
             ASSA

Advocate for the Petitioner   : MR. R C PAUL
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Advocate for the Respondent : MR. P P BORTHAKUR




           Linked Case : I.A.(Civil)/2129/2020

           NEW INDIA ASSURANCE CO. LTD.
           A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES
           ACT 1956 HAVING ITS REGISTERED OFFICE AT 87
           MAHATMA GANDHI ROAD
           FORT MUMBAI 400001 AND ONE OF ITS REGIONAL OFFICE AT G.S. ROAD
           BHANGAGARH
           GUWAHATI 781005 AND REPRESENTED BY ITS CHIEF REGIONAL
           MANAGER.


           VERSUS

           MUSSTT. RUJUMA BEGUM and 2 ORS
           W/O MD. FARUG HUSSAIN @ JAMALUDDIN
           R/O VILL. KACHARIGAON
           P.S. TEZPUR
           DIST. SONITPUR
           ASSAM.
           Advocate - MR. P P BORTHAKUR


           2:MD. IMANUDDIN

           S/O MD. A MTALIB
           VILL. KAMARCHUBURI
           P.S. TEZPUR
           P.O. PITHAKHOWA
           SONITPUR
           ASSAM.
           3:SYED ALTAF HUSSAIN

           S/O SYED AMIR HUSSAI
           VILL. BESSERIA
           P.S. TEZPUR
           DIST. SONITPUR
           ASSA.
           ------------
           Advocate for : MR. R C PAUL
           Advocate for : appearing for MUSSTT. RUJUMA BEGUM and 2 ORS
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                                     BEFORE
                     HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                               ORDER

12.02.2021 Heard Mr. R.C. Paul, learned counsel for the applicant and Mr. P.P. Borthakur, learned counsel for the opposite party no.1.

As the connected appeal has been admitted for hearing, this Court is inclined to stay the operation of the impugned judgment and order dated 17.07.2014 passed by the learned Member, MACT, Sonitpur, Tezpur in MAC Case No.450/2008, subject to condition that the applicant shall deposit Rs.1,00,000/- of the awarded sum before the Registry of this Court within a period of 6(six) 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 no.1 to withdraw the said amount on being duly identified by their learned counsel. This application stands disposed of.

JUDGE

Comparing Assistant