National Insurance Company Ltd vs Foize Uddin Barbhuiya And 2 Ors
2023 Latest Caselaw 1806 Gua

                                                                  Page No.# 1/3

GAHC010051102023




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

                                Case No. : MACApp./166/2023

            NATIONAL INSURANCE COMPANY LTD .
            HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3 MIDDLETON
            STREET KOLKATA AND ITS REGIONAL OFFICE AT GS ROAD,
            BHANGAGARH GUWAHATI



            VERSUS

            FOIZE UDDIN BARBHUIYA AND 2 ORS .
            S/O ABDUL MOTIN BARBHUIYA, RESIDENT OF VILLAGE BAWARGHAT,
            PART I, PS AND DIST HAILAKANDI ASSAM 788164

            2:JEAB UDDIN BARBHUIYA
             S/O A. ALI BARBHUIYA

            RESIDENT OF VILLAGE VICHINGCHA

            PS AND DIST HAILAKANDI
            ASSAM 788164

            3:NAZIR UDDIN LASKAR

             S/O M. M LASKAR

            RESIDENT OF VILLAGE VICHINGCHA
            PS AND DIST HAILAKANDI
            ASSAM 78816

Advocate for the Petitioner   : MS. P BORTHAKUR

Advocate for the Respondent :
                                                                            Page No.# 2/3




          Linked Case : I.A.(Civil)/1165/2023

          NATIONAL INSURANCE COMPANY LTD .
          HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3 MIDDLETON
          STREET KOLKATA AND ITS REGIONAL OFFICE AT GS ROAD
          BHANGAGARH GUWAHATI


          VERSUS

          FOIZE UDDIN BARBHUIYA AND 2 ORS .
          S/O ABDUL MOTIN BARBHUIYA
          RESIDENT OF VILLAGE BAWARGHAT
          PART I
          PS AND DIST HAILAKANDI ASSAM 788164

          2:JEAB UDDIN BARBHUIYA
          S/O A. ALI BARBHUIYA

          RESIDENT OF VILLAGE VICHINGCHA

          PS AND DIST HAILAKANDI
          ASSAM 788164
          3:NAZIR UDDIN LASKAR

          S/O M. M LASKAR

          RESIDENT OF VILLAGE VICHINGCHA
          PS AND DIST HAILAKANDI
          ASSAM 788164
          ------------
          Advocate for : MS. P BORTHAKUR
          Advocate for : appearing for FOIZE UDDIN BARBHUIYA AND 2 ORS .



                               BEFORE
              HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                         ORDER

Date : 8.5.2023

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

Page No.# 3/3

This is an application under Order 41 Rule 5 of the CPC praying for stay of operation of the impugned Judgment and award dated 22.11.2022 passed by the learned Member, MACT, Hailakandi in MAC Case No. 85 / 2008.

Issue notice returnable after four weeks.

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, the impugned Judgment and Order dated 22.11.2022 passed by the learned Member, MACT, Hailakandi in MAC Case No. 85 / 2008 shall remain stayed, subject to deposit of 50% of awarded amount before the Registry of this court within a period of six week from today.

JUDGE

Comparing Assistant