Gauhati High Court
Page No.# 1/4 vs Page No.# 2/4 on 24 May, 2023
Page No.# 1/4
GAHC010198082022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2968/2022
JAMUNA RABHA AND 4 ORS.
W/O KAMESWAR RABHA
RESIDENT OF VILLAGE KATHALKUCHI, PS BOKO, 781123, DIST KAMRUP,
ASSAM
2: KAMESWAR RABHA
S/O LATE MUKUNDA RABHA
RESIDENT OF VILLAGE KATHALKUCHI
PS BOKO
781123
DIST KAMRUP(R) ASSAM
3: BIKASH RABHA
S/O KAMESWAR RABHA
RESIDENT OF VILLAGE KATHALKUCHI
PS BOKO
781123
DIST KAMRUP(R) ASSAM
4: PALLABI RABHA
D/O KAMESWAR RABHA
RESIDENT OF VILLAGE KATHALKUCHI
PS BOKO
781123
DIST KAMRUP(R) ASSAM
5: RASHMI RABHA
D/O KAMESWAR RABHA
RESIDENT OF VILLAGE KATHALKUCHI
PS BOKO
781123
DIST KAMRUP(R) ASSA
VERSUS
Page No.# 2/4
RELIANCE GENERAL INSURANCE CO. LTD B
HAVING ITS REGISTERED OFFICE AT RELIANCE CENTRE, WALCHAND
HIRACHAND MARG, BALLARD ESTATE, MUMBAI 400001, AND ONE OF ITS
BRANCH OFFICE AT BHANGAGARH, G.S ROAD, GUWAHATI
Advocate for the Petitioner : MR. A R AGARWALA
Advocate for the Respondent : MR. K K BHATTA
Linked Case : MACApp./65/2022
RELIANCE GENERAL INSURANCE CO. LTD
HAVING ITS REGISTERED OFFICE AT RELIANCE CENTRE
WALCHAND HIRACHAND MARG
BALLARD ESTATE
MUMBAI 400001
AND ONE OF ITS BRANCH OFFICE AT BHANGAGARH
G.S ROAD
GUWAHATI
VERSUS
JAMUNA RABHA AND 8 ORS.
W/O KAMESWAR RABHA
RESIDENT OF VILLAGE KATHALKUCHI
PS BOKO
781123
DIST KAMRUP(R) ASSAM
2:KAMESWAR RABHA
S/O LATE MUKUNDA RABHA
RESIDENT OF VILLAGE KATHALKUCHI
PS BOKO
781123
DIST KAMRUP(R) ASSAM
3:BIKASH RABHA
S/O KAMESWAR RABHA
RESIDENT OF VILLAGE KATHALKUCHI
PS BOKO
Page No.# 3/4
781123
DIST KAMRUP(R) ASSAM
4:PALLABI RABHA
D/O KAMESWAR RABHA
RESIDENT OF VILLAGE KATHALKUCHI
PS BOKO
781123
DIST KAMRUP(R) ASSAM
5:RASHMI RABHA
D/O KAMESWAR RABHA
RESIDENT OF VILLAGE KATHALKUCHI
PS BOKO
781123
DIST KAMRUP(R) ASSAM
6:UNITED INDIA INSURANCE CO LTD.
REPRESENTED BY ITS DIVISIONAL MANAGER
GS ROAD
BHANGAGARH
GUWAHATI 781005
7:MD. MUZAFFAR IKBAL
S/O BALAL UDDIN
RESIDENT OF 214
KURPANIA BASTIFITER
TOLA IMAMBARA
SUNDAY BAZAR
BOKARO
JHARKHAND
PS AND DIST BOKARO
827001
8:TAPAN BASU
S/O LATE BINOY BASU
RESIDENT OF VILLAGE NARENGA KHALIKHA
781135
DIST KAMRUP (M) ASSAM
9:ANWAR ANSARI
S/O SAJJAD ANSARI
RESIDENT OF VILLAGE CHARCH ROAD
LOHARDAGA
PO AND P LATEHAR
DIST LATEHAR
JHARKHAND
829206
------------
Advocate for : MR. K K BHATTA
Advocate for : MR. A R AGARWALA appearing for JAMUNA RABHA AND 8 ORS.
Page No.# 4/4
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
24.05.2023
Heard Mr. A. R. Agarwala, learned counsel for the applicant.
The present application is filed with a prayer to vacate an order dated 10.02.2022
passed in I.A(Civil) No.287/2022, arising out of MACApp No.65/2022.
By an order dated 10.02.2022 in I.A(Civil) No.287/2022, it was directed that as
the connected appeal was admitted, the operation of judgment and award under
challenge in the MACApp shall remain stayed till disposal of the appeal and
accordingly, the I.A was disposed of.
Mr. Agarwala, learned counsel submits that there was an error for the reason that
the interim application could not have been disposed of and decided without issuing a
notice and in absence of the claimant/respondents. He further contends that in terms
of Order XLI Rule 1 Sub Rule (3), it is a pre condition that a money decree can only be
stayed subject to deposit of disputed amount inasmuch as an award in MAC Case is
akin to a money decree.
Be that as it may, this Court in the considered opinion, will not be in a position to
reopen a disposed of miscellaneous application on the basis of the present I.A until
and unless the order is reviewed by the court which passed it.
In that view of the mater, the I.A may be placed before the appropriate bench.
JUDGE
Comparing Assistant
