Single judge order granting stay of operation of a judgment and award by MACT pending an admitted appeal, conditioned upon deposit of 75% of awarded amount plus interest within six weeks.
Stay of operation of impugned judgment and award subject to deposit of 75% of awarded amount along with interest accrued thereon within six weeks.
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GAHC010005472022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : IA(C) 1214/2023
NEW INDIA ASSURANCE CO. LTD.
HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE BUILDING, 87, MAHATMA GANDHI ROAD, FORT, MUMBAI, 400001 AND REGIONAL OFFICE AT GS ROAD, GUWAHATI 5, REPRESENTED BY THE CHIEF REGIONAL MANAGER.
VERSUS
TULI GOHAIN AND 2 ORS.
M/O LATE LT. BHUBAN @ BHASKAR GOHAIN, RESIDENT OF VILLAGE LAIPULI DIMARUGURI, PS TINSUKIA, PO PANITOLA, DIST TINSUKIA, TEMPORARILY RESIDING AT SWARAL NAGAR, SARU MATARIA, GUWAHATI KAMRUP ASSAM.
2:SHRI SHOURABH DUTTA S/O LATE AJIT DUTTA
RESIDENT OF LAIPULI KAPTAN CHUK
P.O LAIPULI PS TINSUKIA DIST TINSUKIA ASSAM
3:SRI RANJAN GOGOI S/O LATE BOLIN GOGOI
RESIDENT OF MERALI POTHAR PO CHABUA PS CHABUA DIST DIBRUGARH ASSA
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Advocate for the Petitioner : MR SISHIR DUTTA
Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : -15.5.2023
This is an application under Order 41 Rule 5 of the CPC,1908 praying for stay of operation of the impugned Judgment and award dated 27.9.2021 passed by the learned Member, MACT No. 1, Kamrup(M) at Guwahati in MAC Case No. 2188 / 2016.
As the connected appeal has already been admitted by this court, Judgment and award dated 27.9.2021 passed by the learned Member, MACT No. 1, Kamrup (M) at Guwahati in MAC Case No. 2188 / 2016 shall remain stayed till the returnable date subject to deposit of 75% of awarded amount alongwith the interest accrued thereon, before the Registry of this court within a period of six weeks from today.
I.A stands disposed of
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant a stay under Order 41 Rule 5 CPC on the operation of the impugned judgment and award passed by the MACT.
1 provisions across 1 enactments
NEW INDIA ASSURANCE CO. LTD.
TULI GOHAIN AND 2 ORS.
ARUN DEV CHOUDHURY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
