Allowed

Cholamandalam Ms General Insurance Company Ltd. v. Babita Devi and Anr. a

Gauhati HC15 Sept 2026I.A.(Civil)/2178/2026

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an interlocutory application for stay of execution of a compensation award. The stay is granted subject to the applicant depositing 50% of the awarded amount within six weeks.

What did the court decide?

Stay of execution of judgment and award dated 06.04.2022 subject to deposit of 50% of awarded amount within 6 weeks.

Cholamandalam Ms General Insurance Company Ltd. Vs… — Execution and Attachment | Gauhati HC (2026)

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Page No.# 1/3

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GAHC010207992022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/2178/2026

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CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AT DARE HOUSE 2ND FLOOR NO. 2 N.S.C. BOSE ROAD CHENNAI- 600001 AND ITS BRANCH OFFICE AT AASTHA PLAZA 4TH FLOOR OPPOSITE TO S.B. DEORAH COLLEGE G.S. ROAD GUWAHATI.

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VERSUS

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BABITA DEVI AND ANR. A W/O UPENDRA BHAGAT VILL.- NO. 1 RANI PUKHURI P.O. AND P.S.- URIAMGHAT DIST.- GOLAGHAT (ASSAM) PIN- 785601.

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2:ARCHANA DAS W/O SANJIB DAS

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WARD NO. 2 CHATIANI

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P.O. AND P.S.- SARUPATHAR PIN- 785601

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DIST.- GOLAGHAT (ASSAM). -----------Advocate for : MR. R GOSWAMI Advocate for : MS. P BARUAH appearing for BABITA DEVI AND ANR. A

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BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

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ORDER

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Date : 16.09.2026

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1. Heard Mr. R. Goswami, learned counsel for the applicant. Also heard Ms. P. Baruah, learned counsel for the opposite party No. 1/claimant.

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2. This interlocutory application under Order 41 Rule 5 of the Code of Civil Procedure, 1908, has been filed by the applicant/Insurance Company in connection with MFA No. 49/2026, praying for stay of execution of the impugned judgment and award dated 06.04.2022, passed by the learned Commissioner, Employee’s Compensation, Golaghat, in G.E.C. Case No. 9/2019 during the pendency of the connected MFA No. 49/2026.

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3. The learned counsel for the claimant/opposite party No. 1 submits that she does not have any objection if the stay is granted, however, same should be subject to deposit of 50% of the awarded amount by the Insurance Company.

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4. The learned counsel for the applicant/Insurance Company is agreeable to comply with the said condition.

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5. As such, notice to opposite party No. 2 in this interlocutory application is waived and this interlocutory application is allowed.

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6. The execution of impugned judgment and order dated 06.04.2022, passed by the learned Commissioner, Employee’s Compensation, Golaghat in G.E.C. Case No. 9/2019 shall remain stayed during the pendency of the connected MFA No. 49/2026, subject to deposit of 50% of the awarded amount by the applicant/Insurance Company before the Registry of this Court within a period of 6 weeks from the date of this order.

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7. On such deposit being made, same shall be disbursed by the Registry to the claimant/opposite party No. 1 after proper verification on furnishing of an indemnity bond equivalent to the amount so disbursed.

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8. This interlocutory application is accordingly disposed of.

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JUDGE

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Cholamandalam Ms General Insurance Company Ltd. v. Babita Devi and Anr. a

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Cholamandalam Ms General Insurance Company Ltd. v. Babita Devi and Anr. a

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