Gauhati High Court
Tata Aig General Insurance Co Ltd vs Pooja Borah And 4 Ors on 18 August, 2025
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GAHC010178342025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2661/2025
TATA AIG GENERAL INSURANCE CO LTD
HAVING ITS REGISTERED OFFICE AT PENINSULA CORPORATE PARK
NICOLAS PIRAMAL TOWER 9TH FLOOR
GANPATRO KADAM MARG
MUMBAI
PIN 400013
ZONAL OFFICE AT CONSTANTIA OFFICE COMPLEX 2ND FLOOR 11
DR U.N. BRAHMACHARI STREET
KOLKATA 700017 AND BRANCH OFFICE AT ABC
G.S. ROAD
GUWAHATI 781005
VERSUS
POOJA BORAH AND 4 ORS
W/O LATE JATIN BORAH
2:MISS BANDANA BORAH
D/O LATE JATIN BORAH.
3:SANDEEPAN BORAH
S/O LATE JATIN BORAH
ALL ARE R/O VILL. CHALCHALI NALBORAGAON
P.S. SAMAGURI
P.O. BAMUNGAON
DIST. NAGAON
ASSAM
PIN 782140
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PRESENT ADDRESS R/O KAMAKHYA DEFENCE COMPLEX
AMSING
JORABAT
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN 781023
4:MRS. DIMBESWARI BORAH
W/O LATE BADAN CH BORAH
R/O VILL. CHALCHALI NALBORGAON
NIZ CHALCHALI
P.O. BAMUNGAON
P.S. SAMAGURI
DIST. NAGAON
ASSAM
PIN 782140
5:CHURAMONI BORTHAKUR
S/O LATE HOMESWAR BORTHAKUR
R/O VILL. ADARSHA NAGA
MILONPUR
P.O. NAGAON
P.S. NAGAON SADAR
DIST. NAGAON
ASSAM
PIN 782001
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Advocate for : MR. R GOSWAMI
Advocate for : appearing for POOJA BORAH AND 4 ORS
BEFORE
HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER
ORDER
Date : 18.08.2025
Mr. R Goswami, learned counsel for the appellant is present.
Mr. A. Lal, learned counsel for respondent No. 1, 2 & 3 is present.
This is an application under Order 41 Rule 5 of the C.P.C praying for stay
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of the operation of the impugned judgment and award dated 24.03.2025
passed by the Ld. Member, M.A.C.T, Nagaon, Assam in M.A.C Case No.
230/2022.
Mr. R Goswami, learned counsel for the appellant has submitted that there
are two grounds in the appeal which are valid grounds and the award is
therefore, required to be stayed. Upon going though the grounds of appeal
taken in the appeal memo, this Court is of the view that the judgment and
award can be stayed, at this stage, pending the disposal of the appeal.
In view of the above, the impugned judgment and award dated
24.03.2025 passed by the Ld. Member, M.A.C.T, Nagaon, Assam in M.A.C Case
No. 230/2022 is stayed subject to deposit of 50% of the total awarded amount
before the Registry of this Court within a period of 60 (sixty) days.
In the event of the amount being deposited, the same may be released to
the claimants after proper identification and verification.
Out of the deposited amount, Rs. 4,00,000/- may be released to the
respondent No. 4 Ms. Dimbeshwari Borah and the rest to the claimant No. 1.
In view of the above observations, this Interlocutory Application stands
disposed of.
JUDGE
Comparing Assistant
