Magma Hdi General Insurance Co. Ltd vs Saleha Khatun And Ors
2025 Latest Caselaw 7306 Gua

Gauhati High Court

Magma Hdi General Insurance Co. Ltd vs Saleha Khatun And Ors on 15 September, 2025

                                                                  Page No.# 1/3

GAHC010188852025




                                                           undefined

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

                        Case No. : I.A.(Civil)/3035/2025
                                           in
                                    MACApp./426/2025



         MAGMA HDI GENERAL INSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24 PARK STREET
         KOLKATA 700016 AND A REGIONAL OFFICE AT BLOCK 3B
         B 201-202 ECOSPACE BUSINESS PARK
         AMBUJA REALITY CAMPUS
         ACTION AREA 110 NORTH TWENTY FOUR PARGANA
         WEST BENGAL AND A BRANCH OFFICE AT F FORT BUILDING
         2ND FLOOR
         SOUTH SARANIA
         G.S. ROAD
         GUWAHATI 781007


          VERSUS

         SALEHA KHATUN AND ORS
         W/O LATE OBAIDUR RAHMAN
         R/O WARD NO. 3
         KHARUPETIA TOWN
         P.O. AND P.S. KHARUPETIA
         DIST. DARRANG
         ASSAM
         PIN 784115

         2:MD SAMSUL HAQUE

         S/O AHED ALI
         R/O VILL. ALIKASH
         P.O. GHANSHIMULI
         P.S. KHARUPETIA
         DIST. DARRANG
                                                                       Page No.# 2/3

          ASSAM
          PIN 784115

          3:MRS RASWIDA BEGUM

          W/O DILBAR HUSSAIN
          C/O BASANTA DEKA
          R/O LANKESWAR
          P.O. AND P.S. JALUKBARI
          DIST. KAMRUP(M)
          ASSAM
          PIN 781013
          ------------
          Advocate for : MR. R GOSWAMI
          Advocate for : MR. A K AKAND appearing for SALEHA KHATUN AND ORS



                                    BEFORE
             HON'BLE MRS. JUSTICE MITALI THAKURIA

                                    ORDER

15-09-2025

Heard Mr. R. Goswami, learned counsel for the appellant/applicant and Mr. S. Das, learned counsel for the claimant/respondent No. 1.

2. This is an application under Order XLI Rule V of the Code of Civil Procedure, 1908 praying for stay of the operation of the impugned judgment and award dated 22.05.2025 passed by the learned Additional District Judge, Darrang in MAC (D) Case No. 149/2019.

3. It is submitted by Mr. Goswami, learned counsel for the applicant that they are ready to pay 50% of the awarded amount to the claimant/respondent No. 1.

4. In view of the above, the execution of the impugned judgment and award dated 22.05.2025 passed by the learned Additional District Judge, Darrang in MAC (D) Case No. 149/2019 shall remain suspended till disposal of the connected appeal, subject to payment of 50% of the awarded amount to the Page No.# 3/3

claimant/respondent No. 1 within a period of 6 (six) weeks from today before Registry of this Court.

5. On depositing the aforesaid 50% of the awarded amount before the Registry by the applicant/appellant, the same shall be disbursed to the claimant/respondent No. 1, after proper identification and due verification.

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

JUDGE

Comparing Assistant