GAHC010224952024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : I.A.(Civil)/3428/2024 RATI SARKAR AND ORS.

W/O LATE SUSHIL SARKAR, VILL.- KHEERERKUT, JATESWAR, P.S.- FALAKATA, DIST.- ALIPURDUWAR, WEST BENGAL, PIN- 735211.

2: RATNA SARKAR D/O LATE SUSHIL SARKAR VILL.- KHEERERKUT JATESWAR P.S.- FALAKATA DIST.- ALIPURDUWAR WEST BENGAL PIN- 735211.

3: SANKHADEEP SARKAR S/O LATE SUSHIL SARKAR VILL.- KHEERERKUT JATESWAR P.S.- FALAKATA DIST.- ALIPURDUWAR WEST BENGAL PIN- 735211.

(BEING MINOR REP. BY HIS LEGAL GUARDIAN MOTHER THAT IS APPLICANT NO. 1 )

VERSUS UNITED INDIA INSURANCE COMPANY LTD.

HAVING ITS REGISTERED OFFICE AND HEAD AT 24, WHITES ROAD, CHENNAI AND ITS REGIONAL OFFICE AT G.S. ROAD, DISPUR, GUWAHATI, AND REP. BY THE CHIEF REGIONAL MANAGER, REGIONAL OFFICE, G.S ROAD, DISPUR, GUWAHATI- 781005.

Advocate for the Petitioner : MR. A R AGARWALA, Advocate for the Respondent : MR. R GOSWAMI, MR ADITYA AGARWALA Linked Case : MACApp./136/2024 UNITED INDIA INSURANCE COMPANY LTD.

HAVING ITS REGISTERED OFFICE AND HEAD AT 24 WHITES ROAD CHENNAI AND ITS REGIONAL OFFICE AT G.S. ROAD DISPUR GUWAHATI AND REP. BY THE CHIEF REGIONAL MANAGER REGIONAL OFFICE G.S ROAD DISPUR GUWAHATI- 781005.

VERSUS RATI SARKAR AND 3 ORS.

W/O LATE SUSHIL SARKAR VILL.- KHEERERKUT JATESWAR P.S.- FALAKATA DIST.- ALIPURDUWAR WEST BENGAL PIN- 735211.

2:RATNA SARKAR W/O LATE RAMESWAR SARKAR VILL.- KHEERERKUT JATESWAR P.S.- FALAKATA DIST.- ALIPURDUWAR WEST BENGAL PIN- 735211.

3:SANKHADEEP SARKAR S/O LATE SUSHIL SARKAR VILL.- KHEERERKUT JATESWAR P.S.- FALAKATA DIST.- ALIPURDUWAR WEST BENGAL PIN- 735211.

(BEING MINOR REP. BY HIS LEGAL GUARDIAN MOTHER THAT IS RESPONDENT NO. 1 ).

4:MONOJIT SAHA S/O SRI HARI PRASAD SAHA R/O WARD NO. 12 DHUBRI TOWN P.O. AND P.S.- DHUBRI DIST.- DHUBRI ASSAM PIN- 783301.

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Advocate for : MR. R GOSWAMI Advocate for : MR. A R AGARWALA appearing for RATI SARKAR AND 3 ORS.

Linked Case : I.A.(Civil)/978/2024 UNITED INDIA INSURANCE COMPANY LTD.

HAVING ITS REGISTERED OFFICE AND HEAD AT 24 WHITES ROAD CHENNAI AND ITS REGIONAL OFFICE AT G.S. ROAD DISPUR GUWAHATI AND REP. BY THE CHIEF REGIONAL MANAGER REGIONAL OFFICE G.S ROAD DISPUR GUWAHATI- 781005.

VERSUS RATI SARKAR AND 3 ORS.

W/O LATE SUSHIL SARKAR VILL.- KHEERERKUT JATESWAR P.S.- FALAKATA DIST.- ALIPURDUWAR WEST BENGAL PIN- 735211.

2:RATNA SARKAR W/O LATE RAMESWAR SARKAR VILL.- KHEERERKUT JATESWAR P.S.- FALAKATA DIST.- ALIPURDUWAR WEST BENGAL PIN- 735211.

3:SANKHADEEP SARKAR S/O LATE SUSHIL SARKAR VILL.- KHEERERKUT JATESWAR P.S.- FALAKATA DIST.- ALIPURDUWAR WEST BENGAL PIN- 735211.

(BEING MINOR REP. BY HIS LEGAL GUARDIAN MOTHER THAT IS RESPONDENT NO. 1 ).

4:MONOJIT SAHA S/O SRI HARI PRASAD SAHA R/O WARD NO. 12 DHUBRI TOWN P.O. AND P.S.- DHUBRI DIST.- DHUBRI ASSAM PIN- 783301.

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Advocate for : MR. R GOSWAMI Advocate for : appearing for RATI SARKAR AND 3 ORS.

B E F O R E HON’BLE MRS. JUSTICE MARLI VANKUNG

ORDER

14.05.2025 Heard Mr. A.R. Agarwala, learned counsel for the applicant/appellant. Also heard Ms. P. Borthakur appearing on behalf of her senior Mr. R. Goswami.

This is an application filed for the modification of this Court’s Order dated

03.04.2024 passed in I.A.(Civil) No. 978 of 2024 (corresponding MACApp. No. 136 of 2024, wherein this Court had stated the Judgment & Order dated 21.12.2023 of MAC Case No. 343 of 2015 till the disposal of the connected MACApp. No. 136 of 2024.

The learned counsel submits that while admitting the appeal in this Court’s Order dated 03.04.2024, the Court had not passed any order for deposit of any amount of the awarded amount into this Court. The learned counsel submits that the stay of the execution of the award in the Judgment & Order dated 21.12.2023 may be subject to a condition that the Insurance Company deposit 50% of the awarded amount, which is the usual procedure in most of the cases where the execution of the judgment & award is made.

Ms. P. Borthakur, learned counsel submits that they have no objection to