Cholamandalam Ms General Insurance ... vs Raja Hazarika And 2 Ors
2025 Latest Caselaw 637 Gua

Gauhati High Court

Cholamandalam Ms General Insurance ... vs Raja Hazarika And 2 Ors on 16 May, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                   Page No.# 1/3

GAHC010239622024




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

                         Case No. : I.A.(Civil)/1397/2025


         CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE
         2ND FLOOR
         NO. 2 N.S.C. BOSE ROAD
         CHENNAI-600001 AND ITS BRANCH OFFICE AT AASTHA PLAZA
         4TH FLOOR
         OPPOSITE TO S.B. DEORAH COLLEGE
         G.S. ROAD
         GUWAHATI.


          VERSUS

         RAJA HAZARIKA AND 2 ORS
         S/O. SRI. KRISHNA HAZARIKA
         R/O. VILL.- MOTHADANG
         P/O. AND P/S. SIVASAGAR
         DIST. SIVASAGAR
         ASSAM
         PIN-785640
         PRESENTLY RESIDING AT- SOUTH SARANIA
         P/S. PALTAN BAZAR
         GUWAHATI-7
         DIST. KAMRUP (M)
         REP. BY HIS FATHER KRISHNA HAZARIKA

         2:AMIR JAHAN ALI
         S/O. BABAJAN ALI
          R/O. JENGORIKOTIA
          P/O. AND P/S. SIVASAGAR
          DIST. SIVASAGAR
         ASSAM
          PIN-785640
                                                                          Page No.# 2/3


           3:ABDUL WAHID
           S/O. MD. ABDUL AHMED
           R/O. RANGHAR CHARIALI
           P/O. DHULIAPAR
           P/S. AND DIST. SIVASAGAR
           ASSAM
           PIN-785664.
           ------------
           For the Applicant(s)            : Mr. R. Goswami, Advocate

           For the Respondent(s)           : Mr. A.T. Sarkar, Advocate



                                  BEFORE
                   HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                      ORDER

Date : 16.05.2025

This is an application under Order XLI Rule 5 of the Code of Civil Procedure, 1908 for stay of the judgment and award dated 08.08.2024 passed by the learned Member, MACT No. 2, Kamrup (M) in MAC Case No. 1365/2022.

2. The learned counsel appearing on behalf of the applicant submitted that the entire judgment and award is required to be stayed taking into account that the respondent No. 1 herein would not be liable if the first ground of objection is proved before this Court.

3. The learned counsel appearing on behalf of the claimant has objected to the said and submitted that he would file objection.

4. Taking into account the above, list this matter again on 04.06.2025.

5. In the meantime, liberty is given to the respondent No. 1 to file objection.

Page No.# 3/3

6. Till the next date, the operation of the judgment and award dated 08.08.2024 passed by the learned Member, MACT No. 2, Kamrup (M) in MAC Case No. 1365/2022 shall remain stayed.

JUDGE

Comparing Assistant