Shriram General Insurance Co. Ltd v. Sodar Bhan Bibi and 3 Ors

ORDER Date : 25.04.2024

Heard Mr. R. Goswami, learned counsel for the applicant. Also heard Mr. M. Khan, learned counsel for the respondent Nos. 1 & 2. Page No.# 2/3

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 05.08.2022, passed by the learned Member, MACT, Bongaigaon in MAC Case No. 151/2019.

It is submitted by Mr. Goswami, learned counsel for the applicant, that the connected appeal, being MAC App. No. 394/2023, has already been preferred challenging the quantum of the awarded amount. Further, it submitted that the applicant is ready to deposit 50% of the awarded amount and the operation of the impugned judgment and award dated 05.08.2022, passed by the learned Member, MACT, Bongaigaon in MAC Case No. 151/2019 may be stayed till disposal of the connected appeal.

In this context, Mr. M. Khan, learned counsel for the respondent Nos. 1 & 2, raised no objection.

Considering the submissions made by the learned counsels for both sides and also considering the entire facts and circumstances of the case, pending disposal of the connected appeal, being MACApp./394/2023, operation of the impugned judgment and award dated 05.08.2022, passed by the learned Member, MACT, Bongaigaon in MAC Case No. 151/2019, stands stayed subject to deposition of the 50% of the awarded amount before the Registry of this Court within 6 (six) weeks from the date of passing of this order. The claimants/respondents will be at liberty to withdraw the deposited amount on being proper verification and identification by the Registry. Page No.# 3/3

In terms of above, this interlocutory application stands disposed. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010016222024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/358/2024 SHRIRAM GENERAL INSURANCE CO. LTD. 1000-E/8, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN- 302022 AND HAVING A BRANCH OFFICE AT B.R ARCADE, 3RD FLOOR, 21 JANAPATH, ULUBARI, GUWAHATI- 781007. VERSUS SODAR BHAN BIBI AND 3 ORS. W/O ABDUL SHEIKH, VILL.- BANGALDOBA, P.O. AND P.S.- CHAPAR, DIST.- DHUBRI(ASSAM), PIN- 783371. Advocate for the Petitioner : MR. R GOSWAMI Advocate for the Respondent : BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA