M/S New India Assurance Co. Ltd vs Smti Minu Saikia And 3 Ors
2025 Latest Caselaw 7080 Gua

Gauhati High Court

M/S New India Assurance Co. Ltd vs Smti Minu Saikia And 3 Ors on 8 September, 2025

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GAHC010171972017




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

                         Case No. : I.A.(Civil)/1882/2025
                                            in
                                     MACApp./256/2025


         M/S NEW INDIA ASSURANCE CO. LTD
         HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87
         MAHATMA GANDHI ROAD
         MUMBAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD
         BHANGAGARH
         AT GUWAHATI

          VERSUS

         SMTI MINU SAIKIA and 3 ORS
         W/O LATE NIRMAL SAIKIA
         R/O VILL-KAMARIGAON
         PS-RANGAPARA
         DIST. SONITPUR
         PIN-784505
         ASSAM

         2:MISS CHINMOYEE SAIKIA
         D/O LATE NIRMAL SAIKIA
          R/O VILLAGE-KAMARIGAON
          PS-RANGAPARA
          DIST. SONITPUR
          PIN-784505
         ASSAM

         3:MD. JAHARUDDIN ALI
         S/O TAHAB ALI
         R/O A.T. ROAD
         HOIBORGAON
         PS and DIST. NAGAON
         PIN-782002
         ASSAM
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            4:MD. SUNDAR ALI
            S/O ANDUL KUDDUS
            R/O VILLAGE-KOIMARI
            PS and DIST. MORIGAON
            PIN-782105
            ASSAM
            ------------
            Advocate for : MR J JOHN
            Advocate for : appearing for SMTI MINU SAIKIA and 3 ORS



                                          BEFORE
                 HON'BLE MRS. JUSTICE MITALI THAKURIA

                                          ORDER

08-09-2025

Heard Mr. K. K. Bhatta, learned counsel for the applicant/appellant and Mr. D. Mondal, learned counsel for the opposite party/claimant Nos. 1 and 2.

This is an application for stay of the operation of the award dated 28.03.2017 passed by the learned Member, MAC Tribunal, Kamrup (M), Guwahati in MAC Case No. 1267/2012.

It is submitted by Mr. K. K. Bhatta, learned counsel for the applicant that they are ready to pay 50% of the awarded amount to the claimants/respondents.

In view of the above, the execution of the impugned judgment and award dated 28.03.2017, passed by the learned Member, MAC Tribunal, Kamrup (M), Guwahati in MAC Case No. 1267/2012 shall remain suspended till disposal of the connected appeal, subject to payment of 50% of the awarded amount to the claimant/respondent No.1 within a period of 6 (six) weeks from today before Registry of this Court.

On depositing the aforesaid 50% of the awarded amount before the Registry by the applicant/appellant, the same shall be disbursed to the claimant No.1, after proper Page No.# 3/3

identification and due verification.

With the above observation and direction, this interlocutory application stands disposed of.

JUDGE

Comparing Assistant