Gauhati High Court
Page No.# 1/4 vs Raj Nandan Ram And 6 Ors on 18 October, 2023
Page No.# 1/4
GAHC010129692023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3010/2023
THE ORIENTAL INSURANCE CO. LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT
1956. REP. BY ITS REGIONAL MANAGER
ULUBARI
GUWAHATI- 7.
VERSUS
RAJ NANDAN RAM AND 6 ORS.
S/O LATE CHOKORI RAM
R/O LEKHAPANI
P.S.- LEKHAPANI
DIST.- TINSUKIA
ASSAM
PIN-
2:MINTA DEVI
W/O RAJ NANDAN RAM
R/O LEKHAPANI
P.S.- LEKHAPANI
DIST.- TINSUKIA
ASSAM
PIN-
3:GUNJA KUMARI RAM
D/O RAJ NANDAN RAM
R/O LEKHAPANI
P.S.- LEKHAPANI
DIST.- TINSUKIA
ASSAM
PIN-
Page No.# 2/4
4:SUDHA KUMARI RAM
D/O RAJ NANDAN RAM
R/O LEKHAPANI
P.S.- LEKHAPANI
DIST.- TINSUKIA
ASSAM
PIN-
5:BHOLA KUMAR RAM
S/O RAJ NANDAN RAM
R/O LEKHAPANI
P.S.- LEKHAPANI
DIST.- TINSUKIA
ASSAM
PIN-
6:M/S GREEN WOOD RESORT PVT. LTD.
MADHAB NAGAR
NEAR SIRD KHANAPARA
GUWAHATI
KAMRUP (M)
ASSAM.
7:JOGEN CHANDRA THAPPA
S/O BHAKTA BH. THAPPA
R/O CHANDMARI SIVSAGAR
P.O.- HAZARAPAR
DIST.- SONITPUR
ASSAM
PIN- 784001.
------------
Advocate for : MR. S K GOSWAMI
Advocate for : MR A KAKOTI (R-3) appearing for RAJ NANDAN RAM AND 6
ORS.
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 18.10.2023
Heard Mr. S.K. Goswami, learned counsel for the applicant and Mr. A.
Kakoti, learned counsel for the opposite party nos. 1 to 5.
This is an application for stay of operation and execution of the impugned
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judgment and award dated 15.12.2022 passed by the learned Member, MACT,
Margherita in MAC Case No. 20/2018..
Issue notice returnable in 6(six) weeks.
The applicant shall take steps within 2 days for service of notice on the
opposite party nos. 6 and 7 by registered post with A/D as well as by usual
process.
As the connected appeal has been admitted for hearing, this Court is
inclined to stay the operation and execution of the impugned judgment and
award dated 15.12.2022 passed by the learned Member, MACT, Margherita in
MAC Case No. 20/2018, subject to condition that the applicant shall deposit
50% of the awarded sum before the Registry of this Court within a period of
6(six) weeks from today.
On such deposit being made, the Registry may permit the opposite parties
Nos.1 to 5 to withdraw the said amount on being duly identified by their learned
counsel.
It is made clear that if the said deposit is not made within the time
allowed, this order shall not be a bar for enforcement of the award.
On the prayer made by learned counsel for the opposite party nos. 1 to 5
is permitted to renew the prayer for directing the applicant to make deposit of
further amount of the awarded sum on the next date.
On the prayer made by learned counsel for the applicant, the applicant is
permitted to renew the prayer for directing the respondent no.6, owner of the
vehicle to furnish a bond on their appearance. The said prayer may be renewed
on appearance.
List after 6(six) weeks.
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JUDGE
Comparing Assistant
