Page No.# 1/3 vs Mafijul Islam And Ors
2024 Latest Caselaw 8636 Gua

Gauhati High Court

Page No.# 1/3 vs Mafijul Islam And Ors on 25 November, 2024

                                                                  Page No.# 1/3

GAHC010245872022




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

                        Case No. : I.A.(Civil)/3820/2022

         UNITED INDIA INSURANCE COMPANY LTD.
         A PUBLIC SECTOR UNDERTAKING COMPANY
         REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT. 1956
         HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD
         CHANNAI 600014 AND ONE OF ITS REGIONAL OFFICE AT CHIBBER HOUSE
         2ND FLOOR
         GS ROAD
         GUWAHATI
         5 REPRESENTED BY REGIONAL MANAGER
         GUWAHATI
         ASSAM

          VERSUS

         MAFIJUL ISLAM AND ORS.
         S/O LATE HATEM ALI
         RESIDENT OF VILLAGE BORGULU
         NO. 3. PO AND PS ULUANI
         DIST NAGAON
         ASSAM 782460

         2:MRS. MAFIDA BEGUM
         W/O MAFIJUL ISLAM
         RESIDENT OF VILLAGE BORGULU
         NO. 3. PO AND PS ULUANI
          DIST NAGAON
         ASSAM 782460

         3:RABIYA KHATUN
         W/O LATE MAJAHARUL ISLAM
         RESIDENT OF VILLAGE BORGULU
         NO. 3. PO AND PS ULUANI
         DIST NAGAON
         ASSAM 782460
                                                                             Page No.# 2/3


           4:RAHAN TASRIF
           MINOR TO BE REP. BY HIS MOTHER RABIYA KHATUN
           RESIDENT OF VILLAGE BORGULU
           NO. 3. PO AND PS ULUANI
           DIST NAGAON
           ASSAM 782460

           5:SRI DIPAK BARUAH
           S/O LATE MINA RAM BARUAH
           RESIDENT OF BAGHAR CHUBURI
           PO AND PS TEZPUR
           DIST SONITPUR
           ASSAM 784001

           6:SRI NAYAN JYOTI BORA
           S/O RATUL CH. BORA
           RESIDENT OF VILLAGE AUNIATI
           PO RURANIGUDAM
           PS NAGAON SADAR
           DIST NAGAON
           ASSAM
           782141
           ------------
           Advocate for : MR. R C PAUL
           Advocate for : K U AHMED appearing for MAFIJUL ISLAM AND ORS.



                                  BEFORE
                     HONOURABLE MR. JUSTICE ROBIN PHUKAN
                                  ORDER

25.11.2024

Heard Mr. R.C. Paul, learned counsel for the applicant and Mr. K.U. Ahmed, learned counsel for the opposite party No. 1.

2. This interlocutory application, under Order 41 Rule 5 read with Section 151 of the C.P.C. is preferred by the applicant, for staying the operation of the Judgment and Award dated 31.08.2022, passed by the learned Member, M.A.C.T, Nagaon, in M.A.C. Case No. 64/2019.

3. Mr. Paul, learned counsel for the applicant submits that the applicant has already deposited 50% of the awarded amount before the Registry of this court and therefore, Page No.# 3/3

there is a requirement of staying the operation of impugned Judgment and Award dated 31.08.2022, passed by the learned Member, M.A.C.T, Nagaon, in M.A.C. Case No. 64/2019.

4. On the other hand, Mr. Ahmed, learned counsel for the opposite party No. 1 submits that he has already received the 50% of the awarded amount deposited by the applicant before the Registry of this court.

5. In view of the submissions of learned counsel for both the parties, the operation of impugned Judgment and Award dated 31.08.2022, passed by the learned Member, M.A.C.T, Nagaon, in M.A.C. Case No. 64/2019, stands stayed, till disposal of the connected appeal.

6. In terms of above, this I.A. stands disposed of.

JUDGE Comparing Assistant