Cholamandalam Ms General Insurance ... vs Smt Rekha Basfore And 5 Ors
2025 Latest Caselaw 8014 Gua

Gauhati High Court

Cholamandalam Ms General Insurance ... vs Smt Rekha Basfore And 5 Ors on 24 October, 2025

                                                                     Page No.# 1/3

GAHC010056722025




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

                           Case No. : I.A.(Civil)/2020/2025




         CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT SHAW WALLACE
         BUIDING NEW NO. 319
         OLD NO. 154
         2ND FLOOR
         THAMBU CHETTY
         CHENNAI
         PIN-6000001
         INDIA
         ITS ZONAL OFFICE AT OFFICE NO. 201 AND 202 L AND T CHAMBERS
         2ND FLOOR
         16 CAMAC STREET
         KOLKATA-700017 AND ITS GUWAHATI REGIONAL OFFICE AT 4TH FLOOR
         AASTHA PLAZA
         BORA SERVICE
         G.S. ROAD
         GUWAHATI
         KAMRUP (M)
         ASSAM-781007 REP BY THE DEPUTY LEGAL CLAIMS OF GUWAHATI
         REGIONAL OFFICE



          VERSUS

         SMT REKHA BASFORE AND 5 ORS
         W/O. LT. MADAN BASFORE

         2:RAJESH BASFORE
         LT. MADAN BASFORE

          3:PUJA BASFORE
                                                            Page No.# 2/3

D/O. LT. MADAN BASFORE
ALL ARE R/O. QUARTER NO. 215-A
TYPE-II
NAMBARI
MALIGAON
P/S. JALUKBARI
GUWAHATI
ASSAM
PIN-781014.

4:SANAMATI BASFORE
W/O. LT. MADAN BASFORE

5:ARJUN BASFORE
S/O. LT. MADAN BASFORE
BOTH ARE R/O. CYCLE FACTORY
FATASIL AMBARI
P/O. AND P/S. FATASIL AMBARI
GUWAHATI
ASSAM
PIN-781025.

6:PAPPU KUMAR SHARMA
S/O. DINESH KR. SHARMA
R/O. SHARMA TYRE SERVICE
FATASIL AMBARI
P/O. AND P/S. FATASIL AMBARI
GUWAHATI
ASSAM
PIN-781025
------------
Advocate for : Tridib Kalita
Advocate for : appearing for SMT REKHA BASFORE AND 5 ORS
                                                                                    Page No.# 3/3

                                   BEFORE
                       HONOURABLE MR. JUSTICE BUDI HABUNG
                                   ORDER

24.10.2025

Heard Mr. A. Kakati, learned counsel for the applicant/Insurance Company. Also heard Ms. D. D. Roy, learned counsel for the respondent Nos. 1 to 3 and Ms. M. Patgiri, learned counsel for the respondent Nos. 4 & 5.

2. 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 order dated 23.10.2024, passed by the learned Member, Motor Accident Claims Tribunal, No.2, Kamrup (M), Guwahati in MAC Case No. 2635/2016.

3. Since the connected appeal has already been admitted for hearing, the operation of the impugned judgment and order dated 23.10.2024, passed by the learned Member, Motor Accident Claims Tribunal, No.2, Kamrup (M), Guwahati in MAC Case No. 2635/2016, shall remain stayed, subject to the condition that the applicant/Insurance Company deposits 50% of the total awarded amount before the Registry of this Court within a period of 4 (four) weeks from today.

4. On such deposit being made by the applicant/Insurance Company, the same shall be allowed to be withdrawn by the respondent Nos. 1 to 5/claimants upon furnishing a bond of like amount.

5. With the above directions, the interlocutory application accordingly stands disposed of.

JUDGE

Comparing Assistant