New India Assurance Company Ltd vs Md. Siparul Haque Mazumder @ ...
2021 Latest Caselaw 932 Gua

                                                                 Page No.# 1/2

GAHC010041422021




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

                         Case No. : I.A.(Civil)/605/2021


         NEW INDIA ASSURANCE COMPANY LTD.
         HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
         BUILDING
         87
         MAHATMA GANDHI ROAD
         FORT
         MUMBAI- 400001 AND REGIONAL OFFICE AT G.S. ROAD
         GUWAHATI-5
         REP. BY THE CHIEF REGIONAL MANAGER.


          VERSUS

         MD. SIPARUL HAQUE MAZUMDER @ SEPARUL
         R/O- VILL.- HATIRHAR PT-III
         P.O. HAZARIGRAM
         P.S. LAKHIPUR
         DIST.- CACHAR
         ASSAM.

         2:MD. ALTAF UDDIN AHMED
         CENTRAL ROAD
          P.O. AND P.S. SILCHAR
          DIST.- CACHAR
         ASSAM. (OWNER OF THE VEHICLE NO. AS-01/EC-7494 (NIGHT SUPER BUS).
          ------------
         Advocate for : MR SISHIR DUTTA
         Advocate for : appearing for MD. SIPARUL HAQUE MAZUMDER @ SEPARUL



                               BEFORE
               HONOURABLE MR. JUSTICE KALYAN RAI SURANA
                                                                                   Page No.# 2/2


                                           ORDER

Date : 10.03.2021

Heard Mr. S. Dutta, learned Senior Counsel, assisted by Mr. S. Dutta, learned counsel for the applicant.

This is an application for stay of operation and execution of the impugned judgment and award dated 30.01.2020 passed by the learned MACT, Cachar, at Silchar in MAC Case No. 1408/2016.

Issue formal notice returnable in 6(six) weeks.

The applicant shall take steps for service of notice on opposite parties by registered post with A/D as well as by usual process within 2 days.

As the connected appeal has been admitted for hearing, this Court is inclined to stay the operation and execution of the impugned judgment and award dated 30.01.2020 passed by the learned MACT, Cachar, at Silchar in MAC Case No. 1408/2016, subject to condition that the applicant shall deposit 50% of the awarded sum before the Registry of this Court within a period of 6(six) weeks from today. It is made clear that if the said deposit is not made within the time allowed, this order shall not be a bar for enforcement of the award.

List after 6(six) weeks.

JUDGE

Comparing Assistant