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The case involves New India Assurance Company Limited, which filed an interlocutory application under Order 41 Rule 5 of the Code of Civil Procedure, 1908, seeking a stay on the execution of a judgment and award from the Motor Accident Claims Tribunal, Golaghat. The application was in connection with MAC Appeal No. 125/2026. The Insurance Company proposed to deposit 50% of the awarded amount as a condition for the stay. The court, after hearing the counsel for the applicant, allowed the application, waiving notice to the respondents and granting the stay subject to the specified condition.
Appeal details
Counselvise Citation
[2026] 140 COUNSELVISE.COM (CL) 845630 (HC-GAUHATI)
Assessee PAN
Bench
Appeal Number
Appellant
Respondent
Appeal Type
Others
Pronouncement Date
23-03-2026
Assessment Year
misc
Judgement Text
"Page No.# 1/3 GAHC010040712026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/947/2026 NEW INDIA ASSURANCE COMPANY LIMITED A PUBLIC SECTOR UNDERTAKING COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 87 M.G. ROAD FORT MUMBAI- 400001 WITH ONE OF ITS REGIONAL OFFICE AT STAR CITY COMPLEX 5TH FLOOR LACHIT NAGAR G.S. ROAD ULUBARI GUWAHATI-781007 REPRESENTED BY ITS REGIONAL MANAGER GUWAHATI ASSAM VERSUS SMTI. ANADA DAS AND 2 ORS. W/O LATE THOGIRAM DAS R/O VILL- NO. 1 GOROIMARI GAON P.O.- MOHURAMUKH P.S.- KAMARGAON DIST- GOLAGHAT ASSAM PIN-785619 2:M/S CARGO MOTORS REPRESENTED BY ITS MANAGER HIJUGURI Printed from counselvise.com Page No.# 2/3 A.T. RAOD TINSUKIA P.O. AND P.S.- TINSUKIA DIST- TINSUKIA ASSAM PIN-786125 3:MD. MURAD ALAM ANSARI S/O ALIMAN ANSARI R/O VILL- STATION ROAD GIRIDHI P.O. AND P.S.- GIRIDHI DIST- GIRIDHI JHARKHAND PIN-815301 ------------ Advocate for : MR. R C PAUL Advocate for : appearing for SMTI. ANADA DAS AND 2 ORS. BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 23.03.2026 1. Heard Mr. R. C. Paul, learned counsel for the applicant. 2. This interlocutory application under Order 41 Rule 5 of the Code of Civil Procedure, 1908 has been filed by the applicant in connection with MAC Appeal No. 125/2026 praying for stay of the execution of the impugned judgment and award during the pendency of the aforesaid MAC appeal. 3. The learned counsel for the applicant has submitted that the Insurance Company is ready to deposit 50% of the awarded amount as a condition for grant of stay of execution of the impugned judgment and award. 4. Hence, notice to the respondents is waived in this case and this interlocutory application is allowed. Printed from counselvise.com Page No.# 3/3 5. The execution of the impugned judgment and award dated 28.11.2025 passed by the Motor Accident Claims Tribunal, Golaghat, in MAC Case No. 218/2018 shall remain stayed during the pendency of the connected MAC Appeal No. 125/2026 subject to deposit of 50% of the awarded amount by the present applicant (Insurance Company) before the Registry of this court within a period of six weeks from the date of this order. 6. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant Printed from counselvise.com "
Mehul