Sbi General Insurance Company ... vs Musstt. Gulshanara Begum ...
2023 Latest Caselaw 1804 Gua

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GAHC010083822023




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

                          Case No. : MACApp./165/2023

         SBI GENERAL INSURANCE COMPANY LIMITED
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT NATRAJ BY
         RUSTOMJEE, 101, JUNCTION OF MV ROAD AND WESTERN EXPRESS
         HIGHWAY, ANDHERI (EAST), MUMBAI- 400069, ITS REGIONAL OFFICE 3B,
         SHAKESPEARE SARANI, GROUND FLOOR, L AND T BUILDING, OPP.
         KENILWORTH HOTEL, KOLKATA- 700071, WEST BENGAL AND ITS
         BRANCH OFFICE AT 2ND FLOOR, LAKSHMI DARSHAN. OPPOSITE BORA
         SERVICE STATION, ULUBARI, GS ROAD, GUWAHATI- 781007 REP. BY ITS
         DEPUTY MANAGER- LITIGATION AND TP.



         VERSUS

         MUSSTT. GULSHANARA BEGUM MAZUMDER AND 3 ORS.
         W/O LATE ANWAR HUSSAIN MAZUMDER,
         VILL.- RANGAUTI PART- I,
         P.O.- RANGAUTI,
         P.S.- HAILAKANDI, ASSAM, PIN- 788151.

         2:FARHIN HASAN MAZUMDER
         W/O LATE ANWAR HUSSAIN MAZUMDER

         VILL.- RANGAUTI PART- I

         P.O.- RANGAUTI

         P.S.- HAILAKANDI
         ASSAM
          PIN- 788151.
         MINOR
          REP. BY THE RESPONDENT NO. 1.

         3:ROUNUQ HASAN MAZUMDER
                                                                     Page No.# 2/3

             S/O LATE ANWAR HUSSAIN MAZUMDER

            VILL.- RANGAUTI PART- I

            P.O.- RANGAUTI

            P.S.- HAILAKANDI
            ASSAM
             PIN- 788151.
            MINOR
             REP. BY THE RESPONDENT NO. 1.

            4:MUJIBA BEGUM BARBHUIYA
            W/O ASAB UDDIN BARBHUIYA

            VILL.- BORBOND PART- I

            P.S.- HAILAKANDI

            DIST.- HAILAKANDI
            ASSAM
            PIN

Advocate for the Petitioner   : MR T KALITA

Advocate for the Respondent :




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                         ORDER

Date : 8.5.2023

Heard Mr. T. Kalita, learned counsel for the applicant.

This is an application under Order 41 Rule 5 of the CPC praying for stay of operation of the impugned Judgment and Order dated 30.1.2023 passed by the learned Member, Motor Accident Claims Tribunal Hailakandi in MAC Case No. 98/2021.

Issue notice returnable after four weeks.

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Appellant to take steps for service of notice upon the respondents by way of registered post with A/D as well as by usual process within a period of ten days from today.

Till the returnable date, as an ad interim measure, impugned Judgment and Order dated 30.1.2023 passed by the learned Member, Motor Accident Claims Tribunal Hailakandi in MAC Case No. 98/2021 shall remain stayed.

JUDGE

Comparing Assistant