Single judge order staying operation and execution of an impugned award by MACT pending connected appeal, conditionally subject to petitioner depositing 50% of awarded sum within six weeks.
Stay of operation and execution of the impugned award dated 12.06.2015 subject to deposit of 50% of the awarded sum within six weeks.
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GAHC010002552015
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 1494/2018 IN MACApp. 342/2018
1:NATIONAL INSURANCE CO. LTD
HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET, KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE, G.S. ROAD, BHANGAGARH, GUWAHATI-5
VERSUS
1:SMT GITANJALI SAIKIA and 3 ORS W/O LATE RANJAN SAIKIA
2:SRI GUINESS SAIKIA
S/O LATE RANJAN SAIKIA
3:SMT SABITRI SAIKIA
WIFE OF LATE BAPURAM SAIKIA ALL 1 TO 3 ARE RESIDENT VILLAGE MORIKOLONG SIALEKHUWA P.S. NAGAON DIST. NAGaon (ASSAM)
4:SRI RAJIB BORAH S/O SRI TANU RAM BORAH R/O VILL. BORBHAGIA P.S. KALIABOR DIST. NAGAON ASSAM
Advocate for the Petitioner : MR. R K BHATRA
Advocate for the Respondent :
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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 10.07.2018
Heard Mr. R.K. Bhatta, learned counsel for the applicant.
As the connected appeal has already been admitted for hearing, this Court is inclined to stay the operation and execution of the impugned judgment and award dated 12.06.2015, passed by the learned Member, MACT No. 2, Kamrup (M), Guwahati in MAC Case No. 2231/2012, subject to condition that the applicant shall deposit 50% of the awarded sum before the registry of this Court within a period of 6(six) weeks from today.
It is made clear that if the aforesaid amount is not deposited within the time allowed,
this order shall not be a bar for enforcement of the award.
With the aforesaid condition, the I.A. stands allowed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the application for stay of operation and execution of an award pending connected appeal should be allowed with condition of deposit.
NATIONAL INSURANCE CO. LTD
SMT GITANJALI SAIKIA
SRI GUINESS SAIKIA
SMT SABITRI SAIKIA
SRI RAJIB BORAH
KALYAN RAI SURANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
