3Rd Floor vs Sanjita Basumatary And 3 Ors
2024 Latest Caselaw 6440 Gua

Gauhati High Court

3Rd Floor vs Sanjita Basumatary And 3 Ors on 30 September, 2024

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GAHC010204352024




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

                        Case No. : I.A.(Civil)/3083/2024
                                        in
                                 MACApp./525/2024



         SHRIRAM GENERAL INSURANCE COMPANY LTD
         HAVING ITS CORPORATE AND REGISTERED OFFICE AT E-8
         EPIP
         RIICO INDUSTRIAL AREA
         SITAPURA
         JAIPUR
         RAJASTHAN
         INDIA
         PIN-302022 AND ONE OF THE BRANCH OFFICES AT B.R. ARCADE
         3RD FLOOR
         OPPOSITE TO PRIYA PALACE HOTEL
         21 JANAPATH
         ULUBARI
         GUWAHATI-781007
         KAMRUP.


          VERSUS

         SANJITA BASUMATARY AND 3 ORS
         W/O.- INDRA BASUMATURY

         2:SRI. INDRA BASUMATARY
         S/O. MELOKO BASUMATARY.
          BOTH ARE RESIDENT OF KAJALGAON TOWN ZIM CENTRE
          P/O-KAJALGAON
          P/S.- DHALIGAON
          DIST.- CHIRANG BTR
         ASSAM
          PIN-783385.
         BOTH ARE PERMANENT RESIDENT OF VILL.-KURSHAKATI
                                                                              Page No.# 2/3

            BORO KURSHAKATI
            P/S. AND DIDT.- KOKRAJHAR
            BTR
            ASSAM
            PIN-7833702.

            3:TAREN BASUMATARY
            C/O. HAURLANGGA BASUMATARY
            R/O. OF VILL.- BIJULIBARI NO.2
            P/O. CHANDRAPARA
            P/S. KOKRAJHAR
            BTAD
            ASSAM
            PIN-783370

            4:SRI MANAJ KUMAR PRADHAN
            S/O. KUSHMAN PRADHAN
            R/O. OF VILL.- BIJULIBARI NO.2
            P/O. CHANDRAPARA
            P/S. AND DIST.-KOKRAJHAR
            BTAD
            ASSAM
            PIN-783370
            ------------
            Advocate for : MR. A J SAIKIA
            Advocate for : appearing for SANJITA BASUMATARY AND 3 ORS



                                          BEFORE
                HON'BLE MR. JUSTICE MRIDUL KUMAR KALITA

                                          ORDER

30-09-2024 Heard Mr. A. J. Saikia, learned counsel for the applicant.

This application under Order 41 Rule 5 read with Section 151 of the Code of Civil Procedure has been filed by the applicant praying for stay of execution of the impugned judgment and award dated 09.07.2024 passed by the learned Member, Motor Accident Claims Tribunal, Chirang, Kajalgaon in MAC (Death) Case No. 24/2022.

The learned counsel for the applicant has submitted that the applicant is ready to deposit 50% of the total awarded amount as a condition for ground of stay.

Page No.# 3/3

Considering the submissions made by the learned counsel for the applicant, issuance of notice to the opposite party is waived and this interlocutory application is allowed.

The execution of impugned judgment and award dated 09.07.2024 passed in MAC (Death) Case No. 24/2022 is hereby stayed subject to deposit of 50% of the awarded amount by the applicant to the Registry of this Court within a period of 4 (four) weeks from this order.

Accordingly, this interlocutory application stands disposed of.

JUDGE

Comparing Assistant