New India Assurance Co. Ltd vs Binita Patowary And 2 Ors
2021 Latest Caselaw 2692 Gua

                                                               Page No.# 1/3

GAHC010052882021




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

                         Case No. : I.A.(Civil)/1036/2021



         NEW INDIA ASSURANCE CO. LTD.
         HAVING ITS REGD. OFFICE AND HEAD OFFICE AT 87
         M.G. ROAD
         FORT
         MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX
         5TH FLOOR
         LACHIT NAGAR
         NEAR HANUMAN MANDIR
         G.S. ROAD
         GHY- 7


          VERSUS

         BINITA PATOWARY AND 2 ORS.
         W/O. SRI MUKUL BARMAN
         R/O. VILL. FULGURI
         P.O. PANIGAON
         P.S. BELSOR
         DIST. NALBARI
         ASSAM
         PIN- 781303

         2:NAYANJYOTI HALOI
         S/O- SRI BHARAT CH. HALOI
          R/O- H/NO. 29
         WARD NO. 55
          JAYANAGAR CHARIALI
          P.O. BELTOLA
          GUWAHATI
          DIST.- KAMRUP(M)
         ASSAM
          PIN- 781022.
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           3:KULADIP TALUKDAR
           S/O- LATE RANIMOHAN TALUKDAR
           R/O- VILL.- KAITHALKUCHI
           P.S. BELSOR
           DIST.- NALBARI
           ASSAM
           PIN- 781370.
           ------------
           Advocate for : MR. R GOSWAMI
           Advocate for : appearing for BINITA PATOWARY AND 2 ORS.



                                  BEFORE
                      HONOURABLE MR. JUSTICE NANI TAGIA

                                       ORDER

Date : 03.11.2021

Heard Mr. R. Goswami, learned counsel for the applicant/ Insurance Company.

This is an application under Order XLI Rule 5 of the CPC, 1908, praying for stay of the operation of the impugned judgment and award, dated 20.05.2019, passed by the learned Member, MACT No. 2, Kamrup(M), in MAC Case No. 785/2017, whereby compensation to the tune of Rs. 83,00,409/- has been awarded to the respondent No. 1/claimant.

Upon hearing the learned counsel appearing on behalf of the applicant/Insurance Company and on perusal of the materials made available on record; the impugned judgment and award, dated 20.05.2019, passed by the learned Member, MACT No. 2, Kamrup(M), in MAC Case No. 785/2017, shall remain stayed subject to deposit of 50% of the awarded amount by the Page No.# 3/3

applicant/Insurance Company before the Registry of this Court, within a period of 6(six) weeks from today.

On such deposit being made by the applicant/Insurance Company, the respondent No. 1/claimant, may file an application for withdrawal of the deposited amount.

The interlocutory application stands allowed and accordingly stands disposed of.

JUDGE

Comparing Assistant