Icici Lombard General Insurance ... vs Subanti Chetia And 3 Ors
2023 Latest Caselaw 5100 Gua

Gauhati High Court

Icici Lombard General Insurance ... vs Subanti Chetia And 3 Ors on 18 December, 2023

Author: Kalyan Rai Surana

Bench: Kalyan Rai Surana

                                                                Page No.# 1/3

GAHC010277122023




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

                        Case No. : I.A.(Civil)/3704/2023


         ICICI LOMBARD GENERAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT ICICI BANK
         TOWERS
          BANDRA KURLA COMPLEX
          MUMBAI 400051
          ITS ZONAL OFFICE AT APEEJAY HOUSE
          15 PARK STREET
          7TH FLOOR
          KOLKATA- 700016
          AND A BRANCH OFFICE AT KAMAKHYA TOWER
          3RD FLOOR
          OFFICE NO. 305 AND 306
          G.S. ROAD
          GUWAHATI- 781005
          ASSAM.


          VERSUS

         SUBANTI CHETIA AND 3 ORS.
         W/O SRI KHAGESHWAR CHETIA
         VILL.- TELIKALA GAON
         P.S.- SADIYA
         P.O.- SADIYA
         DIST.- TINSUKIA
         ASSAM
         PIN- 786158.

         2:KHAGESHWAR CHETIA
         S/O SRI PADESHWAR CHETIA

         VILL.- TELIKALA GAON
         P.S.- SADIYA
                                                                     Page No.# 2/3

         P.O.- SADIYA
         DIST.- TINSUKIA
         ASSAM
         PIN- 786158.
         3:TILAK CHETRY
         S/O SRI AMAR BAHADUR CHETRY

         R/O 6 NO. SHANTIPUR
         P.O.- CHAPAKHOWA
         P.S.- SADIYA
         DIST.- TINSUKIA
         ASSAM
         PIN- 786157.
         4:RATUL GOGOI
         S/O SRI KAMAL GOGOI

         VILL.- PADUMFULLA
         P.O.- KUNDIL
         P.S.- SADIYA
         DIST.- TINSUKIA
         ASSAM
         PIN- 786158.
         ------------
         Advocate for : MR. R GOSWAMI
         Advocate for : appearing for SUBANTI CHETIA AND 3 ORS.



                               BEFORE
               HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                     ORDER

Date : 18.12.2023

Heard Mr. R. Goswami, learned counsel for the applicant.

This is an application for stay of operation and execution of the impugned judgment and award dated 11.09.2023 passed by the learned Member, MACT No.2, Kamrup (M), Guwahati in MAC Case No. 2654/2019.

Issue notice returnable on 02.02.2024.

The applicant shall take steps within 2 days for service of notice on the Page No.# 3/3

respondent 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 11.09.2023 passed by the learned Member, MACT No.2, Kamrup (M), Guwahati in MAC Case No. 2654/2019, subject to condition that the applicant shall deposit 50% of the awarded sum before the Registry of this Court within a period of 6(six) weeks from today.

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 02.02.2024.

JUDGE

Comparing Assistant