The Oriental Insurance Co. Ltd vs Bornali Bonia And 2 Ors
2022 Latest Caselaw 4563 Gua

                                                             Page No.# 1/3

GAHC010231612022




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

                          Case No. : I.A.(Civil)/3400/2022


         THE ORIENTAL INSURANCE CO. LTD.
         A COMPANY REGISTERED UNDER THE COMPANIES ACT
         REPRESENTED BY ITS REGIONAL MANAGER
         ULUBARI
         GUWAHATI- 7
         DIST.- KAMRUP
         ASSAM.


          VERSUS

         BORNALI BONIA AND 2 ORS.
         D/O LATE THANESWAR BONIA
         VILL.- MAZGAON BARUAH CHUBURI
         P.O.- TEZPUR
         P.S.- TEZPUR
         DIST.- SONITPUR
         ASSAM
         PIN-

         2:PRAKASH SINGH
         S/O AMARJIT SINGH

         C/O JUGAL DAS

         R/O HOUSE NO. 21
         R.G. BARUAH ROAD

         P.O.- FATASIL AMBARI

         DIST.- KAMRUP (M)
         ASSAM
         PIN-
                                                                         Page No.# 2/3

             3:RAM KRISHNA ROY
             S/O PUNIT LAL ROY

             R/O GANESHGURI

             P.S.- DISPUR

             DIST.- KAMRUP (M)
             ASSAM
             PIN-
             ------------
             Advocate for : MR. S K GOSWAMI
             Advocate for : appearing for BORNALI BONIA AND 2 ORS.



                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                         ORDER

Date : 18.11.2022

Heard Mr. R. Sarma, learned counsel for the appellant.

This is an application for stay of operation and execution of the impugned judgment and award dated 22.08.2022 passed by the learned Member, MACT, Sonitpur, Tezpur in MAC Case No. 51/2019.

Issue notice returnable on 09.12.2022.

The applicant shall take steps within 2 days for service of notice on respondents by registered post with A/D as well as by usual process.

As the connected appeal has been admitted for hearing, this Court is inclined to stay the operation and execution of the impugned judgment and award dated 22.08.2022 passed by the learned Member, MACT, Sonitpur, Tezpur in MAC Case No. 51/2019, subject to condition that the applicant shall deposit 75% of the awarded sum before the Registry of this Court within the next date fixed.

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It is made clear that if the said deposit is not made within the time allowed, this order shall not be a bar for enforcement of the award.

List on 09.12.2022.

JUDGE

Comparing Assistant