New India Assurance Company Ltd vs Sukreswari Chetia And 5 Ors
2023 Latest Caselaw 2853 Gua

                                                              Page No.# 1/3

GAHC010147152023




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

                        Case No. : I.A.(Civil)/1907/2023



         NEW INDIA ASSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87
         M.G ROAD
         FORT MUMBAI AND IT S REGIONAL OFFICE AT STAR CITY COMPLEX
         5TH FLOOR
         LACHIT NAGAR
         NEAR HANUMAN MANDIR
         GS ROAD
         GUWAHATI 781007


          VERSUS

         SUKRESWARI CHETIA AND 5 ORS.
         W/O LATE JOGESH CHETIA RESIDENT OF BENGMURIA KOWORGAON
         PO SILASAKU
         PS SIMALUGURI
         DIST SIVASAGAR
         ASSAM 785686

         2:SRI TRIDIP NARAYAN CHETIA

         S/O LATE JOGESH CHETIA
         RESIDENT OF BENGMURIA KOWORGAON
         PO SILASAKU
         PS SIMALUGURI
         DIST SIVASAGAR
         ASSAM 785686
         3:SRI RIDIP NARAYAN CHOUDHURY
         S/O LATE JOGESH CHETIA
         RESIDENT OF BENGMURIA KOWORGAON
         PO SILASAKU
         PS SIMALUGURI
                                                                      Page No.# 2/3

         DIST SIVASAGAR
         ASSAM 785686
         4:SRI PARANDEEP NAYAN CHETIA
         S/O LATE JOGESH CHETIA
         RESIDENT OF BENGMURIA KOWORGAON
         PO SILASAKU
         PS SIMALUGURI
         DIST SIVASAGAR
         ASSAM 785686
         5:ASHKAR HUSSAIN
         S/O ABRAR HUSSAIN

         RESIDENT OF HOUSE NO. 109
         JABBAR COLONY
         SAMBHAL ROAD
         SIR SYED NAGAR
         DIST AND PO MORADABAD UTTAR PRADESH
         244001
         6:RAIS AHMED
         S/O MOHD YASEEN

         RESIDENT OF VILLAGE SIRAS KHERA

         PO SIRAS KHERA
         PS MUNDAY PANDEY
         DIST MORADABAD
         UTTAR PRADESH
         244001
         ------------
         Advocate for : MR. R GOSWAMI
         Advocate for : appearing for SUKRESWARI CHETIA AND 5 ORS.



                              BEFORE
                HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                    ORDER

03.08.2023

Heard Mr. R. Goswami, learned counsel for the applicant, who has filed this application under Order XLI Rule 5 of the CPC praying for stay of the operation of the impugned judgment and award dated 05.04.2023 passed by the learned Member, MAC No.2, Kamrup (M), Guwahati in MAC Case Page No.# 3/3

no.2738/2018. The learned counsel for the applicant submits that since the appeal has been admitted, the operation of the judgment and award dated 05.04.2023 passed by the learned Member, MAC No.2, Kamrup (M), Guwahati in MAC Case no.2738/2018 may be stayed, since their substantial ground for reducing the award passed by the learned Tribunal.

In view of the submission made by the learned counsel for the applicant, this Court finds it fit to stay the operation of the judgment and award dated 05.04.2023 passed by the learned Member, MAC No.2, Kamrup (M), Guwahati in MAC Case no.2738/2018, subject to deposit of 50% of the awarded amount in to this Registry by the applicant within 4 (four) weeks.

The I.A.(Civil) 1907/2023 stands disposed of.

JUDGE

Comparing Assistant