Oriental Insurance Company Ltd v. Bhubaneswari Devi and 3 Ors

ORDER Date : 12.08.2024 Heard Ms. R. D. Mozumdar, learned counsel for the appellant. This interlocutory application has been filed by the applicant/Insurance Company praying for staying of the execution of the impugned judgment and award which has been put to challenge by the applicant/Insurance Company by filing the connected MAC Appeal No. 386/2024 whereby the applicant were directed to pay an amount of Rs.14,09,728.60/-. The learned counsel for the applicant has submitted that considering the facts and circumstances of this case, the appellant is ready to deposit 50% of the awarded amount as a condition for staying the impugned judgment and Page No.# 3/3 award. Considering the submissions made by the learned counsel for the applicant, the notices to the opposite parties is waived and this interlocutory application is allowed and the execution of the impugned judgment and award is stayed till during the pendency of the connected MAC Appeal No. 386/2024, subject to payment of 50% of the awarded amount by the applicant to the Registry of this Court within six weeks from the date of this order. This interlocutory application is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010236042023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooCaseo:oI.A.(Civil)/2377/2024 ORIENTALoINSURANCEoCOMPANYoLTD. (AoCENTRALoGOVT.oUNDERTAKING)oHAVINGoITSoREGIONALoOFFICEoATo GUWAHATI oG.S.oROAD oULUBARI oGUWAHATI-o781007 oREP.oBYoTHEoDEPUTYoMANAGER oGAUHATIoREGIONALoOFFICE oULUBARI oGUWAHATI-o781007. oVERSUS BHUBANESWARIoDEVIoANDo3oORS. W/OoLATEoPUNAoRAMoNATH oR/OoJARABARI oP.O.oANDoP.S.-oRAHA oDIST.-oNAGAON oASSAM oPIN-o782103. 2:PARISHMITAoDEVI D/OoLATEoPUNAoRAMoNATH o R/OoJARABARI oP.O.oANDoP.S.-oRAHA oDIST.-oNAGAON oASSAM oPIN-o782103. o3:JINTUoNATH S/OoLATEoPUNAoRAMoNATH Page No.# 2/3 R/O JARABARI P.O. AND P.S.- RAHA DIST.- NAGAON ASSAM PIN- 782103. 4:PRASANTA DEKA S/O MINAO DUTTA R/O PUTHINDOLI AVAIPURIA GAON P.O.- CHUNGILAHING P.S.- MARIANI DIST.- JORHAT ASSAM PIN- 785635. ------------ Advocate for : MS. R D MOZUMDAR Advocate for : appearing for BHUBANESWARI DEVI AND 3 ORS. BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA