Magma Hdi General Insurance Co. Ltd vs Md Ichak Ali Mazumder And 6 Ors
2025 Latest Caselaw 9471 Gua

Gauhati High Court

Magma Hdi General Insurance Co. Ltd vs Md Ichak Ali Mazumder And 6 Ors on 15 December, 2025

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GAHC010229252025




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

                        Case No. : I.A.(Civil)/4039/2025

         MAGMA HDI GENERAL INSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO.24
         PARK STREET
         KOLKOTTA-700016 AND A REGIONAL OFFICE AT BLOCK 3B
         B201-202 ECOSPACE BUSINESS PARK
         AMBUJA REALITY CAMPUS
         ACTION AREA 110
         NORTH TWENTY FOUR PARGANA
         WEST BENGAL AND A BRANCH OFFICE AT F-FORT BUILDING
         2ND FLOOR
         SOUTH SARANIA
         G.S. ROAD
         GUWAHATI 781007


          VERSUS

         MD ICHAK ALI MAZUMDER AND 6 ORS
         S/O LATE SOFAR ALI MAZUMDER

         2:MD KARIM UDDIN MAZUMDER
         S/O MD. ICHAK ALI MAZUMDER

         3:MD RAHIM UDDIN MAZUMDER
         S/O MD. ICHAK ALI MAZUMDER

         4:MD JOHIR UDDN MAZUMDER
         S/O MD. ICHAK ALI MAZUMDER

         5:MUST MOMOTA BEGUM MAZUMDER
         D/O MD ICHAK ALI MAZUMDER
         ALL ARE R/O-VILLAGE-UTTAR NISKAR P.O-LALPANI
         P.S.-KATLICHERRA DIST- HAILAKANDI
         ASSAM. PIN- 788165
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            6:MD NOSIR AHMED LASKAR
            S/O RAHMAT ALI LASKAR R/O-VILLAGE-SULTANICHERRA T.E P.S-
            RAMNATHPUR DIST- HAILAKANDI
            ASSAM. PIN- 788162

            7:MD FARIAZ UDDIN BARBHUIYA
            S/O MAKRAM ALI BARBHUIYA
            R/O-VILLAGE-SULTANICHERRA T.E
            P.S- RAMNATHPUR
            DIST- HAILAKANDI
            ASSAM. PIN- 788162
            ------------
            Advocate for : MR. R GOSWAMI
            Advocate for : appearing for MD ICHAK ALI MAZUMDER AND 6 ORS



                                  BEFORE
                HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                         ORDER

Date : 15.12.2025

1. Heard Mr. R. Goswami, learned counsel for the applicant.

2. This interlocutory application has been filed under Order 41 Rule 5 of the Code of Civil Procedure, 1908 by the applicant/Insurance Company in connection with MAC Appeal No. 558/2025 praying for stay of the execution of the impugned judgment and award dated 04.08.2025 during the pendency of the connected MAC Appeal No. 558/2025.

3. On a specific query by this Court, the learned counsel for the appellant submits that the appellant is ready to deposit 50% of the awarded amount as a condition for stay of the impugned judgment and award. Hence, this Court is not inclined to issue notice to the respondents in this interlocutory application.

4. This interlocutory application is accordingly allowed and the execution of impugned judgment and award dated 04.08.2025 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Hailakandi in MAC Case No. 16/2022 is stayed Page No.# 3/3

during the pendency of the connected MAC Appeal No. 558/2025 subject to deposit of 50% of the awarded amount by the applicant before the Registry of this Court within six weeks from the date of this order.

5. This interlocutory application is accordingly disposed of.

JUDGE

Comparing Assistant