Page No.# 1/3 vs Ashanta Saikia And 2 Ors
2025 Latest Caselaw 3944 Gua

Gauhati High Court

Page No.# 1/3 vs Ashanta Saikia And 2 Ors on 10 March, 2025

                                                                  Page No.# 1/3

GAHC010124962022




                                                           undefined

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

                        Case No. : I.A.(Civil)/1226/2023

         NEW INDIA ASSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87
         M.G. ROAD
         FORT
         MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX
         5TH FLOOR
         LACHIT NAGAR NEAR HANUMAN MANDIR
         G.S. ROAD
         GUWAHATI-781007.

         2: MAFIDA KHATUN
         DO- LT. MANIK UDDIN AHMED@MANIK UDDIN.

         3: SAHANAZ SULTANA
         D/O- LT. MANIK UDDIN AHMED@MANIK UDDIN. ALL ARE R/O-VILL-
         TAPABARI
         P.S.-HAJO
         DIST- KAMRUP
         ASSAM
         PIN-781102.

          VERSUS

         ASHANTA SAIKIA AND 2 ORS.
         S/O- LATE TARUN SAIKIA
         R/O- VILL.- KHARA KHIMALU
         P.S. BISWANATH CHARIALI
         DIST. BISWANATH
         ASSAM
         PIN- 784176.

         2:THE DY. COMMISSIONER
         KAMRUP R
         AMINGAON
                                                                         Page No.# 2/3

            GHY- 31.

            3:THE CIRCLE OFFICER
            HAJO REVENUE CIRCLE
            GUWAHATI.

            4:DIRECTOR OF LAND RECORDS and SURVEYS ETC.
            GOVT. OF ASSAM
            RUPNAGAR
            GHY - 32.
            ------------
            Advocate for : MR. R GOSWAMI
            Advocate for : appearing for ASHANTA SAIKIA AND 2 ORS.



                                  BEFORE
                    HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                        ORDER

Date : 10-03-2025

Heard Ms. M Saikia, learned counsel for the applicant.

This is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 praying for stay of the operation of the impugned judgment and award dated 05.04.2021, passed by the learned Member, MACT, Nalbari in MAC Case No. 09(Death)/2018.

The learned counsel for the applicant has prayed for stay of the impugned judgment and award and submits that they are willing to deposit 50% of the awarded amount.

Accordingly, this Court finds it fit to stay the operation of the impugned judgment and award dated 05.04.2021, passed by the learned Member, MACT, Nalbari in MAC Case No. 09(Death)/2018, on deposit of 50% of the awarded amount in this Registry within 1 (one) month from the date of this order.

In view of above, this interlocutory application stands allowed and dispsoed of.

Page No.# 3/3

As submitted by the learned counsel for the applicant it is seen that the Government of Assam has been wrongly reflected as respondents in the cause-list today. Therefore, Registry to do the needful.

JUDGE

Comparing Assistant