Rekha Saikia And 2 Ors vs United India Insurance Co. Ltd
2023 Latest Caselaw 2150 Gua

                                                                 Page No.# 1/3

GAHC010054432022




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

                               Case No. : I.A(Civil) 3870/2022


            1. REKHA SAIKIA AND 2 ORS.
               W/O LATE DILIP SAIKIA
               RESIDENT OF VILLAGE CHARING BARWATI GAON
               PO CHARING
               PS GAURISAGAR
               DIST SIVASAGAR
               ASSAM.

               2: MISS BORSHA SAIKIA
               D/O LATE DILIP SAIKIA
                RESIDENT OF VILLAGE CHARING BARWATI GAON
                PO CHARING
                PS GAURISAGAR
                DIST SIVASAGAR
               ASSAM.

               3: SRI DIGBIJOY SAIKIA
               S/O LATE DILIP SAIKIA
               RESIDENT OF VILLAGE CHARING BARWATI GAON
               PO CHARING
               PS GAURISAGAR
               DIST SIVASAGAR
               ASSAM.

               VERSUS

               UNITED INDIA INSURANCE CO. LTD.
               HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD
               CHENNAI 600014 AND ONE OF THE REGIONAL OFFICE AT GS ROAD
               DISPUR
               GUWAHATI 781005


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                     Advocate for : MR D MONDAL
                     Advocate for : MR. A J SAIKIA appearing for UNITED INDIA INSURANCE
                     CO. LTD.



                                     BEFORE
                    HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                          ORDER

Date : 24.05.2023

Heard Mr. D Mondal, learned counsel for the applicant.

The present application is filed with a prayer to vacate an order dated 04.04.2022 passed in I.A(Civil) No.897/2022, arising out of MACApp No.157/2022.

By an order dated 04.04.2022 in I.A(Civil) No.897/2022, 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. Mondal, 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 Page No.# 3/3

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