Sbi General Insurance Company Ltd vs Mahar Uddin And 3 Ors
2021 Latest Caselaw 186 Gua

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GAHC010110952020




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

                        Case No. : I.A.(Civil)/1380/2020


         SBI GENERAL INSURANCE COMPANY 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

         MAHAR UDDIN AND 3 ORS
         S/O FAZAR ALI
         R/O VILL. BHELTERGHAT
         P.S. KRISHNAI
         DIST. GOALPARA
         ASSAM
         PIN 783126

         2:RASHIDA BIBI
         W/O MAHAR UDDIN
          R/O VILL. BHELTERGHAT
          P.S. KRISHNAI
          DIST. GOALPARA
         ASSAM
          PIN 783126
          3:M/S CHAMPION LOGISTIC
         THAKURIA COMPLEX
          1ST FLOOR
          BIDAMANDIR PATH
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            BELTOLA
            DIST. KAMRUP (M)
            ASSAM
            PIN 781028
            4:MD. MANSUR ALAM
            S/O RAMJAN ALI
            R/O VILL. CHAPAGURI
            P.O. DHALIGAON
            BENGTOL
            DIST. CHIRANG
            ASSAM
            PIN 783385
            ------------
            Advocate for : MR. R GOSWAMI
            Advocate for : appearing for MAHAR UDDIN AND 3 ORS



                                   BEFORE
                       HONOURABLE MR. JUSTICE NANI TAGIA

                                          ORDER

Date : 21.01.2021

Heard Ms. P. Borthakur, learned counsel for the applicant/appellant.

This is an application under Order XLI Rule 5 of the Code of Civil

Procedure, 1908 praying for stay of the operation of the impugned

judgment and award, dated 17.02.2020, passed by the learned Member,

MACT, Goalpara in MAC Case No. 274/2018, whereby an amount of

Rs.12,79,600/-(Rupees Twelve Lakhs Seventy Nine thousand and six

hundred only) along with interest @9% per annum have been awarded

as compensation to be paid to the respondent Nos.1 and 2/claimants.

Upon hearing the learned counsel for the applicant/appellant and

on perusal of the material available on record, it is provided that the

impugned judgment and award, dated 17.02.2020, passed by the learned Page No.# 3/3

Member, MACT, Goalpara in MAC Case No. 274/2018, shall remain

stayed, subject to the applicant/appellant depositing 50% of the awarded

amount before the Registry of this Court, within a period of 4(four)

weeks from today. On such deposit being made by the

applicant/appellant, the respondent Nos.1 & 2/claimants would be at

liberty to file an application for withdrawal of the deposited amount.

The I.A stands disposed of.

JUDGE

Comparing Assistant