Sbi General Insurance Company Ltd vs Monija Khatun And Anr
2025 Latest Caselaw 7494 Gua

Gauhati High Court

Sbi General Insurance Company Ltd vs Monija Khatun And Anr on 19 September, 2025

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GAHC010211192025




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

                        Case No. : I.A.(Civil)/3122/2025
                                       in
                                   MACApp./440/2025



         SBI GENERAL INSURANCE COMPANY LTD
         JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA ROAD
          ANDHERI (EAST)
          MUMBAI-400069 REGIONAL OFFICE AT 4TH FLOOR
          B BLOCK
          APEEJAY HOUSE
          15 PARK STREET
          KOLKATA-7000016 AND BRANCH OFFICE AT 2ND FLOOR
          LAKSHMI DARSHAN BUILDING


          VERSUS

         MONIJA KHATUN AND ANR.
         W/O ABDUR RAZZAQUE R/O VILLAGE-BATABARI
          P.O.-MARKULA
         P.S-BAGUAN DISTRICT-GOALPARA
         ASSAM
          PIN-783120 (CLAIMANT)

         2:ABDUL KASHMEM
         S/O ABU TAHER
          R/O VILLAGE-KORICHALA
          BATABARI P.S.-BAGUAN
          DISTRICT-GOALPARA (ASSAM) PIN-783120 (OWNER CUM DRIVER OF THE
         VEHICLE NO. AS-18E-5070)
          ------------
         Advocate for : MS. M SAIKIA
         Advocate for : appearing for MONIJA KHATUN AND ANR.
                                                                           Page No.# 2/3


                                        BEFORE
                HON'BLE MRS. JUSTICE MITALI THAKURIA

                                        ORDER

19-09-2025

Heard Mr. R. Goswami, learned counsel for the appellant/applicant.

2. This is an application filed under Order XLI Rule 5 of the CPC by the appellant/applicant for stay of the operation of the impugned judgment and award dated 02.06.2025, passed by the learned Member, MACT, Goalpara in MAC Case No. 521/2021.

3. It is submitted by Mr. Goswami, learned counsel for the applicant that they are ready to deposit 50% of the awarded amount before the Registry of this Court.

4. In view of the above, the execution of the impugned judgment and award dated 02.06.2025, passed by the learned Member, MACT, Goalpara in MAC Case No. 521/2021 shall remain suspended till disposal of the connected appeal, subject to depositing of 50% of the awarded amount 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 not be disbursed to the claimants/respondents until further order.

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

JUDGE Page No.# 3/3

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