New India Assurance Company Ltd vs Moynul Hoque And 7 Ors .. B
2024 Latest Caselaw 8445 Gua

Gauhati High Court

New India Assurance Company Ltd vs Moynul Hoque And 7 Ors .. B on 19 November, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                              Page No.# 1/3

GAHC010007722023




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

                            I.A.(Civil)/91/2024

         NEW INDIA ASSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87
         MG ROAD
         FORT MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX
         5TH FLOOR
         LACHIT NAGAR
         NEAR HANUMAN MANDIR
         GS ROAD
         GUWAHATI 781007


          VERSUS

         MOYNUL HOQUE AND 7 ORS .. B
         S/O LATE ISUB ALI
         RESIDENT OF VILLAGE MEDAL PART I
         PO KANISHAIL
         PS AND DIST KARIMGANJ
         ASSAM
         788710

         2:BEGOM BIBI
         W/O MOYNUL HOQUE
         RESIDENT OF VILLAGE MEDAL PART I
          PO KANISHAIL
          PS AND DIST KARIMGANJ
         ASSAM
          788710

         3:ABDUL SALIK
         S/O MOYNUL HOQUE
         RESIDENT OF VILLAGE MEDAL PART I
         PO KANISHAIL
         PS AND DIST KARIMGANJ
                                                                      Page No.# 2/3

           ASSAM
           788710

          4:RUKINA BEGOM
          D/O MOYNUL HOQUE
          RESIDENT OF VILLAGE MEDAL PART I
          PO KANISHAIL
          PS AND DIST KARIMGANJ
          ASSAM
          788710

          5:ABDUL KALAM
          S/O MOYNUL HOQUE
          RESIDENT OF VILLAGE MEDAL PART I
          PO KANISHAIL
          PS AND DIST KARIMGANJ
          ASSAM
          788710

          6:ABDUL SALAM
          S/O MOYNUL HOQUE
          RESIDENT OF VILLAGE MEDAL PART I
          PO KANISHAIL
          PS AND DIST KARIMGANJ
          ASSAM
          788710

           8:ROFIQUE UDDIN

          S/O ABDUL JALIL

          RESIDENT OF VILLAGE MEDAL PO KANISHAIL
          PS AND DIST KARIMGANJ
          ASSAM
          788710
          ------------
          Advocate for : MS. M SAIKIA
          Advocate for : appearing for MOYNUL HOQUE AND 7 ORS .. B



                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

Date : 19.11.2024 Heard Ms. P.Borthakur, learned counsel for the applicant and Mr. G.Uddin, Page No.# 3/3

learned counsel for the opposite parties Nos. 1 to 6. Mr. M.Alam, learned counsel for the opposite party No.8 is present and the name of opposite party No. 7 has been struck off.

By filing this application under Order XLI Rule V of the CPC, the applicant has prayed for stay of the operation of the impugned Judgment and Award dated 06.08.2022 passed by the learned Member, MACT, Karimganj in MAC Case No.44/2017.

Having heard learned counsel for the parties and on perusal of the averments made in the petition, the operation of the impugned Judgment and Award dated 06.08.2022 in MAC Case No.44/2017 shall remain stayed till disposal of the connected appeal subject to deposit of 50% of the awarded amount before the Registry of this court within four weeks.

The interlocutory application stands disposed of accordingly.

JUDGE

Comparing Assistant