Page No.# 1/2 vs Jamini Borah And Ors
2025 Latest Caselaw 9115 Gua

Gauhati High Court

Page No.# 1/2 vs Jamini Borah And Ors on 8 December, 2025

                                                                  Page No.# 1/2

GAHC010179142025




                                                           undefined

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

                        Case No. : I.A.(Civil)/3436/2025




         NATIONAL INSURANCE COMPANY LTD
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3
         MIDDLETON STREET
         KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH
         G.S. ROAD
         GUWAHATI-781005 REP. BY THE CHIEF REGIONAL MANAGER
         GUWAHATI REGIONAL OFFICE.

         2: SHRI HEM KANTA TALUKDAR

         S/O LATE BHARAT CH. TALUKDAR

         RESIDENT OF WARD NO. 4
         DHEMAJI TOWN
         PS AND DIST DHEMAJI
         ASSAM 787057
         VERSUS

         JAMINI BORAH AND ORS
         W/O. LT. DEBESWAR BORAH
          R/O. VILL.- KURWABAHI
          P/O. JAMAGURI
          P/S. JAGORI
          DIST. NAGAON
          ASSAMN
          PIN-782142

         2:SRI MRIDUSH PRATIM CHUTIA
         S/O LATE MUKUTA CHUTIA
         RESIDENT OF VILLAGE KESUKHANAPARA
          PS AND DIST DHEMAJI
         ASSAM 787057
                                                                           Page No.# 2/2


           3:SRI NOMAL CHUTIA
           S/O LATE MUKUTA CHUTIA
           RESIDENT OF VILLAGE KESUKHANAPARA
           PS AND DIST DHEMAJI
           ASSAM 787057
           ------------
           Advocate for : Tridib Kalita
           Advocate for : appearing for JAMINI BORAH AND ORS



                                 BEFORE
             HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

                                       ORDER

Date : 08.12.2025

Heard Mr. A. Kakati, 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 05.03.2025 passed by the learned Member, MACT Nagaon in MAC Case No.166/2022.

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 05.03.2025 passed by the learned Member, MACT Nagaon in MAC Case No.166/2022 shall remain stayed subject to the condition that the applicant/appellant deposit 50% 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