AI Insights
The case involves The Oriental Insurance Co. Ltd., which filed an application under Order 41 Rule 5 of the Code of Civil Procedure, seeking a stay on the operation of a judgment and award passed by the MACT at Nagaon. The judgment in question was part of MAC Case No.385/2016. The Oriental Insurance Co. Ltd. argued that if the impugned order was not stayed during the pendency of the appeal, it would cause prejudice to the applicant. The court considered the application and decided to grant the stay, imposing a condition for the deposit of 50% of the awarded amount.
Appeal Details
Counselvise Citation
[] 140 COUNSELVISE.COM (CL) 823290 (HC-GAUHATI)
Assessee PAN
Bench
Appeal Number
CRN Number
Appellant
Respondent
Appeal Type
Others
Pronouncement Date
08-12-2025
Assessment Year
misc
Judgement Text
"Page No.# 1/4 GAHC010125852023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./453/2025 THE ORIENTAL INSURANCE CO. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956. REPRESENTED BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI- 7, DIST.- KAMRUP, ASSAM. VERSUS RUNU NURZERY AND 3 ORS. H W/O RANJIT NURZERY, VILL.- DENTAGHAT MEDICAL COLONY, P.S.- SAMELUNGSO, P.O.- DENTAGHAT, DIST.- KARBI ANGLONG, ASSAM. PRESENTLY RESIDING AT MOTHERTOLY, P.O.- MOTHERTOLY, P.S.- DABAKA, DIST.- NAGAON, ASSAM. 2:MISS LISA NURZERY D/O RANJIT NURZERY VILL.- DENTAGHAT MEDICAL COLONY P.S.- SAMELUNGSO P.O.- DENTAGHAT DIST.- KARBI ANGLONG ASSAM. PRESENTLY RESIDING AT MOTHERTOLY P.O.- MOTHERTOLY P.S.- DABAKA DIST.- NAGAON ASSAM. 3:BASIRUDDIN AHMED S/O MD. A.U. AHMED C/O ANUP ROY F.A. ROAD KUMARPARA Printed from counselvise.com Page No.# 2/4 WARD NO. 19 H/NO. 184/B GUWAHATI KAMRUP (M.) 4:MD. HABIBUR RAHMAN S/O S. HOQUE VILL.- SIMULUGURI P.S.- NAGAON DIST.- NAGAON ASSAM Advocate for the Petitioner : MR. S K GOSWAMI, MR. R SHARMA Advocate for the Respondent : , Linked Case : I.A.(Civil)/3241/2025 THE ORIENTAL INSURANCE CO. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956. REPRESENTED BY ITS REGIONAL MANAGER ULUBARI GUWAHATI- 7 DIST.- KAMRUP ASSAM. VERSUS RUNU NURZERY AND 3 ORS. H W/O RANJIT NURZERY VILL.- DENTAGHAT MEDICAL COLONY P.S.- SAMELUNGSO P.O.- DENTAGHAT DIST.- KARBI ANGLONG ASSAM. PRESENTLY RESIDING AT MOTHERTOLY P.O.- MOTHERTOLY P.S.- DABAKA DIST.- NAGAON ASSAM. 2:MISS LISA NURZERY Printed from counselvise.com Page No.# 3/4 D/O RANJIT NURZERY VILL.- DENTAGHAT MEDICAL COLONY P.S.- SAMELUNGSO P.O.- DENTAGHAT DIST.- KARBI ANGLONG ASSAM. PRESENTLY RESIDING AT MOTHERTOLY P.O.- MOTHERTOLY P.S.- DABAKA DIST.- NAGAON ASSAM. 3:BASIRUDDIN AHMED S/O MD. A.U. AHMED C/O ANUP ROY F.A. ROAD KUMARPARA WARD NO. 19 H/NO. 184/B GUWAHATI KAMRUP (M.) 4:MD. HABIBUR RAHMAN S/O S. HOQUE VILL.- SIMULUGURI P.S.- NAGAON DIST.- NAGAON ASSAM. ------------ Advocate for : MR. S K GOSWAMI Advocate for : appearing for RUNU NURZERY AND 3 ORS. H BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 08.12.2025 Heard Mr. A. Acharya, learned counsel for the applicant. This application under Order 41 Rule 5 of the Code of Civil Procedure, has been filed praying for stay of the operation of the impugned Printed from counselvise.com Page No.# 4/4 judgment and award dated 21.11.2022 passed by the learned Member, MACT at Nagaon in MAC Case No.385/2016. The connected appeal has already been admitted for hearing. Accordingly, this Court is of the view that unless the impugned order is stayed during the pendency of the appeal, prejudice would be caused to the applicant. Accordingly, the operation of the impugned judgment and award dated 21.11.2022 passed by the learned Member, MACT at Nagaon in MAC Case No.385/2016 shall remain stayed subject to the condition that the applicant/appellant deposit 50% of the total awarded amount before the Registry of this Court within 6(six) weeks from today. I.A stands disposed of. JUDGE Comparing Assistant Printed from counselvise.com "
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