Application filed for stay of MAC Tribunal award pending appeal. High Court granted stay subject to deposit of 50% of the awarded amount within six weeks.
Stay of the impugned judgment and award of the MAC Tribunal granted subject to deposit of 50% of the awarded amount within six weeks.
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GAHC010225842024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2254/2026 In MACApp./353/2026
THE NEW INDIA ASSURANCE CO LTD
HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE BUILDING, 87 MAHATMA GANDHI ROAD, FORT MUMBAI-400001 AND ONE OF THE REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH FLOOR, M.S.S. PATH, LACHIT NAGAR, GUWAHATI-781007, AND VARIOUS DIVISIONAL BRANCH AND MICRO OFFICES THROUGHOUT THE COUNTRY.
VERSUS
LAKHANLAL CHOUHAN AND 2 ORS S/O. LATE RAMESH CHOUHAN, VILL. GARUBANDHA, MAUZA-CHATIAL, P/O. AND P/S. JAKHALABANDHA, DIST. NAGAON, ASSAM, PIN-782136.
2:SIDDHARTHA CHOUDHURY S/O. LATE PULIN CHOUDHOURY C/O. JURI BARUAH F/NO. 301 MEGHMALLAR HOUSE RUKMINIGAON P/S. DISPUR DIST. KAMRUP(M) ASSAM PIN-781006.
3:KASHIMUDIN S/O. MAHIBOT UDDIN R/O. DIPOTA P/O. AND P/S. TEZPUR DIST. SONITPUR ASSAM PIN-784150
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Advocate for the Petitioner : MR. A J SAIKIA, MR. S. PEGU
Advocate for the Respondent : , S LASKAR(R-1),MR N Z CHOUDHURY(R-1),MR M KHAN(R-1)
– B E F O R E –
HON’BLE MRS. JUSTICE YARENJUNGLA LONGKUMER
14-09-2026
Heard Mr. A.J. Saikia, learned counsel for the applicant/Insurance Company and Ms. J. Aktar, learned counsel for the respondent No.1/claimant.
This application has been filed under Order 41 Rule 5 read with Section 151 of the CPC praying for stay of the operation of the impugned judgment and award dated 27.05.2024 passed by the MAC Tribunal, Nagaon, Assam in MAC Case No.22/2019.
The connected appeal has been admitted today by this Court.
Learned counsel for the applicant has submitted that good grounds have been taken in the connected appeal and there is every likelihood of the appeal being allowed. Therefore, if the impugned judgment and award is not suspended, the applicant will suffer irreparable loss and injury.
Having heard the learned counsel for the parties and considering the facts and circumstances of the case, the impugned judgment and award dated 27.05.2024 is hereby stayed subject to the condition that the applicant/Insurance Company shall deposit 50% of the awarded amount before the Registry of this Court within six weeks from today.
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Accordingly, this interlocutory application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether stay of the operation of the impugned judgment and award of the MAC Tribunal is warranted on application by the Insurance Company pending the disposal of the connected appeal.
2 provisions across 1 enactments
NEW INDIA ASSURANCE CO LTD
LAKHANLAL CHOUHAN
SIDDHARTHA CHOUDHURY
KASHIMUDIN
Yarenjunga Longkumer
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
