United India Insurance Company Ltd vs Bimal Deka And Anr
2025 Latest Caselaw 1509 Gua

Gauhati High Court

United India Insurance Company Ltd vs Bimal Deka And Anr on 28 July, 2025

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GAHC010111692025




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

                          Case No. : I.A.(Civil)/2303/2025

         UNITED INDIA INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 24
         WHITES ROAD
         CHENNAI AND ITS REGIONAL OFFICE AT G.S. ROAD
         DISPUR
         GUWAHATI.


          VERSUS

         BIMAL DEKA AND ANR
         S/O. BINOD DEKA
         R/O. VILL.- BELBARI
         P/S. SARTHEBARI
         DIST. BARPETA
         ASSAM
         PIN-781307.

         2:PANKAJ NATH
         S/O. TARANI NATH
          R/O. VILL.- BARKAPLA
          P/S. SARTHEBARI
          DIST. BARPETA
         ASSAM
          PIN-781307.
          ------------
         Advocate for : MS. M SAIKIA
         Advocate for : appearing for BIMAL DEKA AND ANR
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                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                     ORDER

Date : 28.07.2025

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

2. This application, under Order 41 Rule 5 of the CPC, is preferred by the applicant for staying operation of the judgment and order dated 24.03.2025, passed by the learned Commissioner, Employee's Compensation, Barpeta, in E.C. Case No. 376/2023,

3. It is to be noted here that vide impugned judgment and order dated 24.03.2025, the learned Commissioner had directed the applicant herein to pay a sum of Rs. 3,10,130/- to the opposite party No. 1 herein.

4. Mr. Goswami, learned counsel for the applicant submits that the connected appeal has already been admitted and the record has also been called for, and that there is a requirement for staying operation of the impugned judgment and order dated 24.03.2025.

5. Considering the submission of Mr. Goswami, learned counsel for the applicant, and also considering the facts and circumstances on the record, this Court is inclined to allow this application. Accordingly, operation of the impugned judgment and order dated 24.03.2025, stands stayed, subject however, to depositing of 50% of the awarded amount by the applicant before the Registry of this Court within a period of four weeks from today.

6. In terms of above, this I.A. stands disposed of.

JUDGE

Comparing Assistant