New India Assurance Company Ltd vs Smti Senahi Dutta And 4 Ors
2021 Latest Caselaw 2781 Gua

                                                                Page No.# 1/3

GAHC010277782018




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

                        Case No. : I.A.(Civil)/1874/2021

         NEW INDIA ASSURANCE COMPANY LTD
         HAVING ITS REGISTERED 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
         GUWAHATI 781007

          VERSUS

         SMTI SENAHI DUTTA AND 4 ORS
         W/O SRI NABIN DUTTA
         R/O VILL. MISSAMORA
         P.S. DERGAON
         P.O. MISSAMORA
         DIST. GOLAGHAT
         ASSAM
         PIN 785618

         2:ANIL DUTTA
         S/O SRI NABIN DUTTA
          R/O VILL. MISSAMORA
          P.S. DEGAON
          P.O. MISSAMORA
          DIST. GOLAGHAT
         ASSAM
          PIN 785618
          3:PRANAB SAIKIA
         S/O SRI BIMALA SAIKIA
          R/O VILL. CHEPENAKUBUWAGAON
          P.O. KAZIRANGA
          DIST. GOLAGHAT
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           ASSAM
           PIN 785609
           4:THE BRANCH MANAGER
           ORIENTAL INSURANCE CO. LTD.
           JORHAT BRANCH
           P.O. JORHAT
           DIST. JORHAT (ASSAM)
           PIN 785001
           5:SARDAR PARAWJIT SINGH HINDLE
           S/O SRI HARBHAJAN SINGH
           R/O BEHARBARI
           ABC INDIA LTD.
           NEAR SANU AUTOMOBILES
           NH 37 ROAD BASISTHA
           P.O. BASISTHA
           GUWAHATI 781029
           KAMRUP (ASSAM)
           ------------
           Advocate for : MR. R GOSWAMI
           Advocate for : appearing for SMTI SENAHI DUTTA AND 4 ORS

                                   BEFORE
                       HONOURABLE MR. JUSTICE NANI TAGIA

                                       ORDER

Date : 10.11.2021

Heard Mr. R. Goswami, learned counsel for the applicant/ Insurance Company. Also heard Mrs. M. Choudhury, learned counsel appearing on behalf of respondent No. 4.

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 09.04.2018, passed by the learned Member, MACT, Golaghat, in MAC Case No. 137/2011.

Issue notice to the respondents No. 1, 2, 3 & 5, returnable within 6 weeks.

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Learned counsel for the applicant shall take necessary steps for causing service of notice upon respondents No. 1, 2, 3 & 5, by registered A/D post as well as by usual process within a week from today.

As Mrs. Choudhury, learned counsel, has accepted notices on behalf of respondent No. 4, no formal notice is required to be sent to the said respondent No. 4. However, she shall be provided with the requisite copies of the memo of appeal petition during the course of the day.

Upon hearing the learned counsels appearing for the parties; the impugned judgment and award, dated 09.04.2018, passed by the learned Member, MACT, Golaghat, in MAC Case No. 137/2011, shall remain stayed subject to deposit of 50% of the applicant's share of the awarded amount by the appellant/Insurance Company, before the Registry of this Court, within a period of 6(six) weeks from today.

List it after 6 weeks.

JUDGE Comparing Assistant