Gauhati High Court
National Insurance Company ... vs Kalpana Das And 4 Ors on 16 October, 2023
Page No.# 1/5
GAHC010230502023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./389/2023
NATIONAL INSURANCE COMPANY LIMITED
A COMPANY REGISTERED AND INCORPORATED UNDER THE INDIA
COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AND HEAD
OFFICE AT 3, MIDDLETON STREET, KOLKATA AND ONE OF ITS REGIONAL
OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI, REPRESENTED BY
THE REGIONAL MANAGER, GUWAHATI (ASSAM).
VERSUS
KALPANA DAS AND 4 ORS.
W/O LATE MILANTA KR. DAS,
VILL.- BEKAJAN, GAYANBARIGAON, UNDER PS BARHALA, IN THE
DISTRICT OF JORHAT, ASSAM, PIN- 785631.
2:MEGHNA DAS
S/O LATE MILANTA KR. DAS
VILL.- BEKAJAN
GAYANBARIGAON
UNDER PS BARHALA
IN THE DISTRICT OF JORHAT
ASSAM
PIN- 785631.
(BEING MINOR
REP. BY HER MOTHER
THE RESPONDENT NO. 1).
3:ARNADA DAS
W/O SRI BAHADUR DAS
VILL.- BEKAJAN
GAYANBARIGAON
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UNDER PS BARHALA
IN THE DISTRICT OF JORHAT
ASSAM
PIN- 785631.
4:MD. RANTU ALI
S/O NURUDDIN ALI
R/O BHASKAR NAGAR
ZOO-ROAD
P.S.- GEETA NAGAR
DIST.- KAMRUP (M)
ASSAM
PIN- 781021.
5:MD. RUBUL ALI
S/O TAJNUR ALI
VILL.- BAGRIHATI
P.S. AND DIST.- NALBARI
ASSAM
Advocate for the Petitioner : MRS. S ROY
Advocate for the Respondent : FOR CAVEATOR
Linked Case : I.A.(Civil)/3151/2023
NATIONAL INSURANCE COMPANY LIMITED
A COMPANY REGISTERED AND INCORPORATED UNDER THE INDIA
COMPANIES ACT
1956 HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3
MIDDLETON STREET
KOLKATA AND ONE OF ITS REGIONAL OFFICE AT G.S. ROAD
BHANGAGARH
GUWAHATI
REPRESENTED BY THE REGIONAL MANAGER
GUWAHATI (ASSAM).
VERSUS
KALPANA DAS AND 4 ORS.
Page No.# 3/5
W/O LATE MILANTA KR. DAS
VILL.- BEKAJAN
GAYANBARIGAON
UNDER PS BARHALA
IN THE DISTRICT OF JORHAT
ASSAM
PIN- 785631.
2:MEGHNA DAS
S/O LATE MILANTA KR. DAS
VILL.- BEKAJAN
GAYANBARIGAON
UNDER PS BARHALA
IN THE DISTRICT OF JORHAT
ASSAM
PIN- 785631.
(BEING MINOR
REP. BY HER MOTHER
THE RESPONDENT NO. 1).
3:ARNADA DAS
W/O SRI BAHADUR DAS
VILL.- BEKAJAN
GAYANBARIGAON
UNDER PS BARHALA
IN THE DISTRICT OF JORHAT
ASSAM
PIN- 785631.
4:MD. RANTU ALI
S/O NURUDDIN ALI
R/O BHASKAR NAGAR
ZOO-ROAD
P.S.- GEETA NAGAR
DIST.- KAMRUP (M)
ASSAM
PIN- 781021.
5:MD. RUBUL ALI
S/O TAJNUR ALI
VILL.- BAGRIHATI
P.S. AND DIST.- NALBARI
ASSAM.
------------
Advocate for : MRS. S ROY
Advocate for : FOR CAVEATOR appearing for KALPANA DAS AND 4 ORS.
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BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
16.10.2023
Heard Ms. S. Roy, learned counsel for the applicant. Also heard Mr. M.
Ahmed, learned counsel for the opposite party nos.1, 2 and 3/ caveators.
By this IA, the learned counsel for the applicant has prayed for stay of the
enforcement of the judgment and award impugned in the connected appeal.
Accordingly, the enforcement of the impugned judgment and award dated
05.08.2023, passed by the learned Member, MACT No.2, Kamrup (Metro) in MAC
Case No.2288/2018 is stayed subject to deposit of 50% of the awarded money
as condition for grant of stay, which should be deposited within a period of 6
(six) weeks from today.
It is provided that on such deposit being made, the Registry shall permit
the respondents to withdraw the same on being satisfied with regard to the
identity of the respondents. The respondents shall submit their bank particulars
to the Registry so as to enable the Registry to transfer the deposited amount to
the account of the respondents.
It is made clear that if such deposit is not made, this order shall not be a
bar for the enforcement of the award.
Accordingly, this IA stands disposed of.
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JUDGE
Comparing Assistant
