Oriental Insurance Company Ltd vs Bhubaneswari Devi And 3 Ors
2024 Latest Caselaw 5788 Gua

Gauhati High Court

Oriental Insurance Company Ltd vs Bhubaneswari Devi And 3 Ors on 12 August, 2024

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GAHC010236042023




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

                       Case No. : Case : I.A.(Civil)/2377/2024


         ORIENTAL INSURANCE COMPANY LTD.
         (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT
         GUWAHATI
          G.S. ROAD
          ULUBARI
          GUWAHATI- 781007
          REP. BY THE DEPUTY MANAGER
          GAUHATI REGIONAL OFFICE
          ULUBARI
          GUWAHATI- 781007.


          VERSUS

         BHUBANESWARI DEVI AND 3 ORS.
         W/O LATE PUNA RAM NATH
         R/O JARABARI
         P.O. AND P.S.- RAHA
         DIST.- NAGAON
         ASSAM
         PIN- 782103.

         2:PARISHMITA DEVI
         D/O LATE PUNA RAM NATH

         R/O JARABARI
         P.O. AND P.S.- RAHA
         DIST.- NAGAON
         ASSAM
         PIN- 782103.

         3:JINTU NATH
         S/O LATE PUNA RAM NATH
                                                                       Page No.# 2/3


          R/O JARABARI
          P.O. AND P.S.- RAHA
          DIST.- NAGAON
          ASSAM
          PIN- 782103.

          4:PRASANTA DEKA
          S/O MINAO DUTTA

          R/O PUTHINDOLI AVAIPURIA GAON
          P.O.- CHUNGILAHING
          P.S.- MARIANI
          DIST.- JORHAT
          ASSAM
          PIN- 785635.
          ------------
          Advocate for : MS. R D MOZUMDAR
          Advocate for : appearing for BHUBANESWARI DEVI AND 3 ORS.



                                BEFORE
              HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                     ORDER

Date : 12.08.2024

Heard Ms. R. D. Mozumdar, learned counsel for the appellant.

This interlocutory application has been filed by the applicant/Insurance Company praying for staying of the execution of the impugned judgment and award which has been put to challenge by the applicant/Insurance Company by filing the connected MAC Appeal No. 386/2024 whereby the applicant were directed to pay an amount of Rs.14,09,728.60/-.

The learned counsel for the applicant has submitted that considering the facts and circumstances of this case, the appellant is ready to deposit 50% of the awarded amount as a condition for staying the impugned judgment and Page No.# 3/3

award.

Considering the submissions made by the learned counsel for the applicant, the notices to the opposite parties is waived and this interlocutory application is allowed and the execution of the impugned judgment and award is stayed till during the pendency of the connected MAC Appeal No. 386/2024, subject to payment of 50% of the awarded amount by the applicant to the Registry of this Court within six weeks from the date of this order.

This interlocutory application is accordingly disposed of.

JUDGE

Comparing Assistant