Babul Pathak vs Dalimi Biswas And 2 Ors. B
2022 Latest Caselaw 2634 Gua

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GAHC010193332020




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

                         Case No. : I.A.(Civil)/663/2022

         BABUL PATHAK
         - S/O- LATE MAHENDRA PATHAK
          R/O- VILL.- SRIPURA DEOR
          P.O ADALBARI
          P.S. MUSHALPUR
          DIST.- BAKSA (BTR)
          ASSAM
          PIN- 781346


          VERSUS

         DALIMI BISWAS AND 2 ORS. B
         W/O- SRI BIJOY BISWAS
         R/O- VILL.- DEKAPARA
         VIP ROAD (KAHIKUCHI)
         TATIPARA)
         P.O. AZARA
         DIST.- KAMRUP(M)
         ASSAM
         PIN- 781015

         2:BIJOY BISWAS
         S/O- DHARANI BISWAS
          R/O- VILL.- DEKAPARA
         VIP ROAD (KAHIKUCHI)
         TATIPARA)
          P.O. AZARA
          DIST.- KAMRUP(M)
         ASSAM
          PIN- 781015.
          3:NATIONAL INSURANCE CO. LTD.

         DIVISION OFFICE AT BONGAIGAON
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           BRANCH OFFICE AT BARPETA ROAD
           DIST.- BARPETA
           ASSAM.
           ------------
           Advocate for : MR. J C CHAUDHURY
           Advocate for : MR. A J SAIKIA appearing for DALIMI BISWAS AND 2 ORS. B



                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                       ORDER

Date : 01.08.2022

Heard Mr. J. C. Chaudhury, the learned counsel appearing on behalf of the Applicant and Mr. A. J. Saikia, the learned counsel appearing on behalf of the Respondent No. 3.

This is an application for stay of the judgment and award dated 22.11.2019 passed by the Member, MACT, Barpeta, Assam, in MAC Case No.48/2019 awarding a sum of Rs.13,09,600/- alongwith interest @ 9% per annum from the date of filing of the claim petition.

The accompanying appeal has already been admitted by this Court. Taking into account the submissions so made by the learned counsel for the applicant, this Court stays the said judgment and award dated 22.11.2019 passed by the Member, MACT, Barpeta, Assam, in MAC Case No.48/2019 subject to deposit 50% of the awarded amount which includes the interest within 6 (six) weeks from today before the Registry of this Court.

The claimants i.e. the Respondent Nos. 1 and 2 herein shall be entitled to withdraw the said amount by filing an appropriate application before the Registry of this court.

The Registry shall release the amount subject to furnishing of indemnity bond by the claimant.

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With above observations and directions, the instant Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant