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Gauhati High Court
The New India Assurance Co. Ltd vs Achan Ali And Ors on 21 January, 2026
Page No.# 1/5
GAHC010014982025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./14/2026
THE NEW INDIA ASSURANCE CO. LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1985, REP. BY
REGIONAL MANAGER, G.S. ROAD, GUWAHATI-7.
VERSUS
ACHAN ALI AND ORS
S/O. LT.SONAULLA SHEIKH.
2:MAYFUL NESSA
W/O. ACHAN ALI BOTH ARE R/O. VILL. CHATPARA
P/O. JOGIGHOPA
P/S. JOGIGHOPA
DIST. BONGAIGAON
ASSAM
PIN-783382.
3:THE DIVISIONAL MANAGER
THE NATIONAL INSURANCE COMPANY LTD. BONGAIGAON DIVISON
BONGAIGAON
P/O. JOGIGHOPA
P/S. JOGIGHOPA
DIST. BONGAIGAON
ASSAM
PIN-783380
4:NANHOO YADAV
S/O. RAMPRIT
C/O. SANJAY KUMAR CHIRIPAL
PLOT NO. 24
SPECTRUM PROJECT-1
WEST 5TH EXT.
GHANDI NAGAR POST
BERHAMPUR
Page No.# 2/5
GANJAN
ODHISHA-760001
5:SUSHIL KUMAR CHOUDHURY
S/O. SHREE RAM CHOUDHURY
R/O. HADHIA KALA
P/O. HASHIA KALA
P/S. REOTI
DIST. BALLIA
UTTAR PRADESH-277209.
6:ANAR HUSSAIN
S/O. ATOWAR HUSSAIN
R/O. VILL. DOLONI BEEL
P/O. BALAPARA
P/S. JOGIGHOPA
DIST. BONGAIGAON
ASSAM
PIN-783388
7:MEHER ZAMAL
S/O. ABU BAKKAR SIDDIQUE
R/O. VILL. KABAITARY PART-V
P/O. JOGIGHOPA
P/S. JOGIGHOPA
DIST. BONGAIGAON
ASSAM
PIN-78338
Advocate for the Petitioner : AYUSMAN ACHARYA, MRS B ACHARYA,MRS S ACHARYA
Advocate for the Respondent : MRS. D DAS BARMAN, MR. M KHAN(R-1,2),MR A K DAS (R-
1,2),MS J AKTAR(R-1,2)
Linked Case : I.A.(Civil)/47/2026
THE NEW INDIA ASSURANCE CO. LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT
1985
REP. BY REGIONAL MANAGER
G.S. ROAD
GUWAHATI-7.
VERSUS
ACHAN ALI AND ORS
S/O. LT.SONAULLA SHEIKH.
Page No.# 3/5
2:MAYFUL NESSA
W/O. ACHAN ALI BOTH ARE R/O. VILL. CHATPARA
P/O. JOGIGHOPA
P/S. JOGIGHOPA
DIST. BONGAIGAON
ASSAM
PIN-783382
3:THE DIVISIONAL MANAGER
THE NATIONAL INSURANCE COMPANY LTD. BONGAIGAON DIVISON
BONGAIGAON
P/O. JOGIGHOPA
P/S. JOGIGHOPA
DIST. BONGAIGAON
ASSAM
PIN-783380
4:NANHOO YADAV
S/O. RAMPRIT
C/O. SANJAY KUMAR CHIRIPAL
PLOT NO. 24
SPECTRUM PROJECT-1
WEST 5TH EXT.
GHANDI NAGAR POST
BERHAMPUR
GANJAN
ODHISHA-760001
5:SUSHIL KUMAR CHOUDHURY
S/O. SHREE RAM CHOUDHURY
R/O. HADHIA KALA
P/O. HASHIA KALA
P/S. REOTI
DIST. BALLIA
UTTAR PRADESH-277209.
6:ANAR HUSSAIN
S/O. ATOWAR HUSSAIN
R/O. VILL. DOLONI BEEL
P/O. BALAPARA
P/S. JOGIGHOPA
DIST. BONGAIGAON
ASSAM
PIN-783388
7:MEHER ZAMAL
S/O. ABU BAKKAR SIDDIQUE
Page No.# 4/5
R/O. VILL. KABAITARY PART-V
P/O. JOGIGHOPA
P/S. JOGIGHOPA
DIST. BONGAIGAON
ASSAM
PIN-783388
------------
Advocate for : AYUSMAN ACHARYA
Advocate for : MRS. D DAS BARMAN appearing for ACHAN ALI AND ORS
BEFORE
HON'BLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 21.01.2026.
Heard Mr. A. Acharya, learned counsel for the applicant/ appellant. Also heard
Mr. M. Khan, learned counsel appearing for the opp. Parties/respondent Nos. 1
& 2 and Ms. D.D. Barman, learned counsel appearing for the opp. Party/
respondent No.3.
This is an application for stay of the judgment and award dated 30.07.2024,
passed by the learned Member, MACT, Bongaigaon in MAC Case No.170/2021,
whereby the present appellant was directed to satisfy 50% of the awarded
amount.
From the submission made by the learned counsel for the parties, it is seen that
50% of the awarded amount has already been satisfied by the respondent No.3
i.e. the National Insurance Co. Ltd. However, the connected appeal has been
filed by the present applicant/appellant, as they were directed to pay the
remaining 50% of the awarded amount. Mr. Acharya, the learned counsel for
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the applicant/appellant submitted that they are ready to deposit half of the
remaining 50% of the awarded amount i.e. Rs.3, 27, 650/- (Rupees three lakh
twenty seven thousand six hundred and fifty) only, before the Registry of this
Court for stay of operation of the impugned judgment and award dated
30.07.2024.
Considering the submission made by Mr. Acharya, the learned counsel for the
applicant/appellant, let the operation of impugned judgment and award dated
30.07.2024 be stayed in respect of the award which is to be satisfied by the
present applicant/appellant till disposal of the connected MAC Appeal, subject to
the condition that an amount of Rs.3,27,650/- (Rupees three lakh twenty seven
thousand six hundred and fifty) only be deposited before the Registry of this
Court within six (6) weeks from today.
The respondent Nos. 1 & 2 are at the liberty to file an interlocutory application
for release of the said deposited amount, if so advised.
With the above observation, this Interlocutory Application stands allowed and
disposed of.
JUDGE
Comparing Assistant
