Oriental Insurance Co. Ltd vs Puna Gogoi And 5 Ors
2022 Latest Caselaw 2643 Gua

                                                                 Page No.# 1/2

GAHC010008522017




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
                          Case : I.A.(Civil)/362/2018

         ORIENTAL INSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A 25/27 ASAF ALI
         ROAD
          NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI-7
          REPRESENTED BY THE REGIONAL MANAGER
         VERSUS
         PUNA GOGOI and 5 ORS
         R/O TELGOROM
          NO. 1 PONKA GRANT
          P.O. KANAI GRAT
          DIST. GOLAGHAT
          PIN 785699
         REPRESENTED BY SMT. PRUNIMA GOGOI
         W/O SRI PUNA GOGOI
         2:ARUP BALLAV GOSWAMI
         R/O CHANDMARI
          INDU HOUSE
          P.O. AND P.S. GOLAGHAT
          DIST. GOLAGHAT
         ASSAM
          PIN 785621 (OWNER OF VEHICLE NO. AS-01/AC-5600)
          3:RANIT RAJKHOWA
         RO VILL. BONGAON
          P.S. GOLAGHAT
          DIST. GOLAGHAT
         ASSAM
          PIN 785611 (DRIVER OF VEHICLE NO. AS-01/AC-5600)
          4:THE BRANCH MANAGER
         UNITED INDIA INSURANCE CO. LTD. THANA CHARI ALI
          GOLAGHAT BRANCH (INSURER OF VEHICLE NO. AS-01/AC-5600)
          5:APTU PAUL
         R/O T.P. ROAD
          HAIBORGAON
          P.O. AND P.S. NAGAON
          DIST. NAGAON
                                                                        Page No.# 2/2

           ASSAM
           PIN 782002 (OWNER OF VEHICLE NO. AS-25/A-9651)
           6:GONESH CH. PAUL
           R/O BARAJOL
           P.S. GHAGRAPAR
           DIST. NALBARI
           ASSAM
           PIN 781369 (DRIVER OF VEHICLE NO. AS-25/A-9651)
           ------------
           Advocate for : MR. S DUTTA
           Advocate for : appearing for PUNA GOGOI and 5 ORS


                                   BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

Date : 01-08-2022 Heard Mr. S. Dutta, learned counsel appearing for the applicant and Mr. S. Khanikar, learned counsel appearing for the respondent No. 1. Also heard Ms. U. Das, learned counsel for the respondent No. 2.

This interlocutory application has been filed under Order XLI Rule 5 of the CPC for stay of the judgment and award dated 21.06.2017, passed by the learned Member, MACT, Golaghat in MAC Case No. 27/2013.

As the appeal is admitted, the operation of the impugned judgment and award be stayed subject to deposit of 50% of the awarded amount before the Registry of this Court by the Insurance Company within six weeks from today.

The amount be released after hearing both sides.

With the above direction, this I.A. stands disposed of.

JUDGE

Comparing Assistant