Gauhati High Court

I.A.(Civil)/2178/2026 of CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD. Vs BABITA DEVI AND ANR. A on 15 September 2026

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GAHC010207992022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2178/2026 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

GAHC010207992022

THE GAUHATI HIGH COURT

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

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

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.

VERSUS

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.

2:ARCHANA DAS

W/O SANJIB DAS

WARD NO. 2 CHATIANI

P.O. AND P.S.- SARUPATHAR

PIN- 785601

DIST.- GOLAGHAT (ASSAM).

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Advocate for : MR. R GOSWAMI

Advocate for : MS. P BARUAH appearing for BABITA DEVI AND ANR. A

BEFORE

HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

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ORDER

Date : 16.09.2026

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

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.

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.

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

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

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.

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.

8. This interlocutory application is accordingly disposed of.

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