Oriental Insurance Co. Ltd vs Smti Neha Dhar And 2 Ors
2022 Latest Caselaw 2654 Gua

                                                                           Page No.# 1/2

GAHC010140552015




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


                         Case : I.A.(Civil)/1927/2022

         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

         SMTI NEHA DHAR and 2 ORS

         D/O LATE GOMA DHAR
         PERMANENT ADDRESS- VILL. BIROLA
         P.S. DIPHU
         DIST. KARBI ANGLONG ASSAM PRESENT ADDRESS NINEMILE
         DIST. KAMRUP
         ASSAM

         2:BHASKAR JYOTI KALITA

         S/O HAREN CH. KALITA
         R/O DIPHU BAZAR
         P.S. and P.O. DIPHU
         DIST. KARBI ANGLONG ASSAM
         PIN 782460 OWNER OF TRUCK NO. AS-09-C-1563
         ------------
         Advocate for : MR. S DUTTA
         Advocate for : MR. S DAS appearing for SMTI NEHA DHAR and 2 ORS




                                      BEFORE
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                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                     ORDER

Date : 01-08-2022 Heard Mr. S. Dutta, learned counsel appearing for the applicant and Ms. D. Baruah, learned counsel appearing for the respondent No. 1.

This interlocutory application has been filed under Order XLI Rule 5 of the CPC for stay of the judgment and award dated 25.03.2014, passed by the learned Member, MACT No. 2, Kamrup, Guwahati, in MAC case No. 446/2012.

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 to the substituted claimant/ respondent after hearing both sides.

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

JUDGE

Comparing Assistant