The Reliance General Insurance Co. Ltd. v. Gitanjali Borah and 3 Ors.
Stay of award – Order XLI Rule 5, Code of Civil Procedure, 1908
Case brief
What is this about?
Gauhati High Court, I.A.(Civil)/683/2025, order dated 10.03.2025 by Justice Devashis Baruah. Reliance General Insurance Co. Ltd. v. Gitanjali Borah and others (incl. minor Parthana Borah) and Bikash Tiwari. Conditional stay under Order XLI Rule 5 CPC of MACT Nagaon judgment and award dated 11.06.2024 in MAC Case No.228/2020 pending disposal of admitted appeal; 50% of awarded amount to be deposited before High Court Registry within six weeks; release to claimants on identification, verification and bank particulars. Keywords: motor accident claim, stay of award, Order XLI Rule 5 CPC, 50% deposit condition, appeal pending, respondents unrepresented.
What did the court decide?
Stay of the judgment and award dated 11.06.2024 in MAC Case No.228/2020 till disposal of the appeal, conditional on deposit of 50% of the awarded amount before the Registry within six weeks; claimants permitted to apply for release of the deposited amount after identification, verification and furnishing of bank particulars.