Page No.# 1/3 vs Manggali Roy And Anr
2023 Latest Caselaw 4479 Gua

                                                                     Page No.# 1/3

GAHC010064552023




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

                          Case No. : I.A.(Civil)/3162/2023


         THE NEW INDIA ASSURANCE CO. LTD.
         A COMPANY REGISTERED UNDER THE COMPANIES ACT
         1956. REPRESENTED BBY ITS REGIONAL MANAGER
         G.S ROAD
         GUWAHATI 07


          VERSUS

         MANGGALI ROY AND ANR.
         W/O LATE JOGESH ROY @ JOGESH CHANDRA ROY
         RESIDENT OF VILLAGE MENIPUR PAT I
         PO SHILDUBI
         PS SILCHAR DIST CACHAR
         ASSAM 788112

         2:KABUL HUSSAIN BARBHUIYA
         S/O LATE SAKAT ALI BARBHUIYA
          RESIDENT OF VILLAGE DHONEHARI PART II
          PO SHILDUBI
          PS SONAI
          DIST CACHAR
         ASSAM 788112
          ------------
         Advocate for : MR. A ACHARYA
         Advocate for : MR. M TALUKDAR (R-1) appearing for MANGGALI ROY AND
         ANR.



                               BEFORE
               HONOURABLE MR. JUSTICE KALYAN RAI SURANA
                                                                        Page No.# 2/3

                                     ORDER

Date : 19.10.2023

Heard Mr. A. Acharya, learned counsel for the applicant and Mr. M. Talukdar, learned counsel for the opposite party no.1.

This is an application for stay of operation and execution of the impugned judgment and award dated 30.11.2022 passed by the learned Member, MACT, Cachar, Silchar in MAC Case No. 532/2018.

Issue formal notice returnable in 6(six) weeks.

As the respondent no.2 has entered appearance in connection with the connected interlocutory application for condonation of delay, the learned counsel for the appellant shall serve a copy of the memo of appeal with enclosures to the learned counsel for the respondent no.2.

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 30.11.2022 passed by the learned Member, MACT, Cachar, Silchar in MAC Case No. 532/2018, 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.

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 such deposit being made, the Registry may permit the opposite parties No.1 to withdraw the said amount on being satisfied with regard to identity of the opposite party no. 1.

In the meanwhile, the learned counsel for the opposite party no.1 shall provide bank details and particular to the learned counsel for the applicant as Page No.# 3/3

well as to the Registry of this Court for online transfer of fund to the opposite party no.1.

On the prayer made by learned counsel for the applicant, he is permitted to renew the prayer for payment of interest on the next date of listing. List after 6(six) weeks.

JUDGE

Comparing Assistant