Gauhati High Court
The Bajaj Allianz General Insurance ... vs Hamida Sikdar And 7 Ors on 19 March, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010221022024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/737/2025
THE BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD
AJ ALLIANZ GENERAL INSURANCE COMPANY LTD. Address - HAVING ITS
REGISTERED AND HEAD OFFICE AT GE PLAZA
AIRPORT ROAD
NERADA
PUNE-411006 AND NORTH ESTERN REGIONAL OFFICE AT SREEJI TOWER
2ND FLOOR
C/O. GAUHATI TEA WAREHOUSING PVT. LTD.
ADJACENT TO MAHINDRA SHOWROOM
CHRISTIAN BASTI
GUWAHATI
PIN-781005
KAMRUP (M)
ASSAM. (REP. BY ITS HUB-IN-CHARGE
APPEAL AND SPECALISED CLAIMS DEPARTMENT
MR. NAYAN CHOUDHURY).
VERSUS
HAMIDA SIKDAR AND 7 ORS
W/O. LATE HASHEEM ALI
2:JERIFA HABIB RUNA
D/O. LATE HASHEEM ALI
3:SHARIFA HABIB RUBI
D/O. LATE HASHEEM ALI
4:HABIB REKIBUZ ZAMAN
S/O. LATE HASHEEM ALI.
ALL ARE R/O. VILL. BANIARAPARA
P/O. GAREMARI
Page No.# 2/4
P/S. BARPETA
DIST. BARPETA
ASSAM
PIN-782314.
PRESENTLY RESIDING AT LAKHIMINAGAR
HATIGAON
P/S. HATIGAON
KAMRUP(M)
ASSAM
PIN-781038.
5:SUYAL SINGH BASUMATARY
S/O. KHAGEN BASUMATARY
R/O. SALBARI
P/S. SALBARI
DIST. BAKSA
BTAD
ASSAM
PIN-781320.
6:KHEM NATH ADHIKARY
S/O. LATE NANDA LAL ADHIKARY
R/O. DHIRUMAL ANANDA NAGAR
FLAT NO. Q1
GUWAHATI
DIST. KAMRUP(M)
ASSAM.
7:RABIA KHATUN
W/O. MAHAMMAD ALI
8:MAHAMMAD ALI
S/O. LATE PANDIT ALI.
BOTH ARE R/O. VILL. BANIARAPARA
P/O. GAREMARI
P/S. BARPETA
DIST. BARPETA
ASSAM
PIN-782314.
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For the Applicant(s) : Mr. T. Kalita, Advocate
For the Respondent(s) : Mr. A.T. Sarkar, Advocate
Page No.# 3/4
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 19.03.2025
Heard Mr. T. Kalita, the learned counsel appearing on behalf of the
Applicant Insurance Company and Mr. A.T. Sarkar, the learned counsel
appearing on behalf of the claimants.
2. This is an application filed under Order XLI Rule 5 of the Code of
Civil Procedure, 1908 for stay of the judgment and award dated
06.03.2024 passed by the learned MACT, No. 3 Kamrup (M) at Guwahati
in MAC Case No. 655/2019.
3. Taking into account the reasons for which the accompanying appeal
has been admitted, this Court is of the opinion that the impugned
judgment and award passed by the learned Tribunal dated 06.03.2024
passed by the learned MACT, No. 3 Kamrup (M) at Guwahati in MAC Case
No. 655/2019 is required to be stayed, subject to the deposit of an
amount of Rs. 2,77,000/- before the Registry of this Court within 6 (six)
weeks from today.
4. Accordingly, the judgment and award dated 06.03.2024 passed by
the learned MACT, No. 3 Kamrup (M) at Guwahati in MAC Case No.
655/2019 is stayed till the disposal of the instant appeal subject to the
deposit of an amount of Rs. 2,77,000/- within 6 (six) weeks from the
date of the instant order.
5. The claimants shall be at liberty to file appropriate application before
the Registry of this Court and the Registry shall on the basis of such
application and after making due identification and proper verification
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and also upon furnishing of the bank particulars release the said amount
to the claimants.
6. Interlocutory Application accordingly stands disposed of.
JUDGE
Comparing Assistant
