New India Assurance Co Ltd vs Smt Kamini Pathak
2025 Latest Caselaw 9093 Gua

Gauhati High Court

New India Assurance Co Ltd vs Smt Kamini Pathak on 8 December, 2025

                                                                  Page No.# 1/2

GAHC010186882025




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

                        Case No. : I.A.(Civil)/3292/2025




         NEW INDIA ASSURANCE CO LTD
         A CO. REGISTERED UNDER THE COMPANIES ACT 1956
         REPRESENTED BY ITS REGIONAL MANAGER
         G.S. ROAD
         GUWAHATI 7

          VERSUS

         SMT KAMINI PATHAK
         W/O LATE LOHIT CH. PATHAK
         R/O VILL. BATIKURIHA
         P.O. BHELLA
         P.S. BARPETA
         DIST. BARPETA
         ASSAM 781309

         2:SRI BHAJAN PAUL
         R/O VILL SINGRIMARI PO KALAIGAON PS MANGALDOI

         3:SRI SATYAM SAIKIA
         R/O VILL PANIBHARAL PO PANIBHARAL PS BISHWANATH CHARIALI

         4:BHAJAN PAUL
         S/O SUNIL PAUL
         R/O VILL. SINGRIMARI
         P.O. KALAIGAON
         P.S.MANGALDAI
         DIST. DARRANG
         ASSAM 784525

          5:SATYAM SAIKIA
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           S/O PRAFULLA SAIKIA
           R/O VILL.PANIBHARAL
           P.O. PANIBHARAL
           P.S. BISWANATH CHARIALI
           DIST. BISWANATH
           ASSAM 784176
           ------------
           Advocate for : AYUSMAN ACHARYA
           Advocate for : appearing for SMT KAMINI PATHAK



                                 BEFORE
             HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

                                       ORDER

Date : 08.12.2025

Heard Mr. A. Acharya, learned counsel for the applicant. This application under Order 41 Rule 5 of the Code of Civil Procedure, has been filed praying for stay of the operation of the impugned judgment and award dated 03.04.2025 passed by the learned Member, MACT No.2, Kamrup(M) at Guwahati in MAC Case No.1572/2018.

The connected appeal has already been admitted for hearing. Accordingly, this Court is of the view that unless the impugned order is stayed during the pendency of the appeal, prejudice would be caused to the applicant. Accordingly, the operation of the impugned judgment and award dated 03.04.2025 passed by the learned Member, MACT No.2, Kamrup(M) at Guwahati shall remain stayed subject to the condition that the applicant/appellant deposit 40% of the total awarded amount before the Registry of this Court within 6(six) weeks from today. I.A stands disposed of.

JUDGE

Comparing Assistant