Linked Case : MFA/45/2025 v. DIP CHANDRA DOLEY @ DIP CH. DOLEY & Anr.

Advocate for : MS. M SAIKIA Advocate for : appearing for DIP CHANDRA DOLEY @ DIP CH DOLEY AND ANR. Linked Case : MFA/45/2025 Page No.# 2/4 MAGMA HDI GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24, PARK STREET, KOLKATA-700016 AND A REGIONAL OFFICE AT BLOCK 3B, B201-202 ECOSPACE BUSINESS PARK, AMBUJA REALITY CAMPUS, ACTION AREA 110, NORTH TWENTY FOUR PARGANA, WEST BENGAL AND BRANCH OFFICE AT F-FORT BUILDING, 2ND FLOOR, SOUTH SARANIA, G.S. ROAD, GUWAHATI-781007 VERSUS DIP CHANDRA DOLEY @ DIP CH. DOLEY AND ANR. S/O. LT. DIMONDOL DOLEY, R/O. VIL.- PATICHUCK, P/S. AND DIST. DHEMAJI, PIN-787057, ASSAM PRESENT ADDRESS- BONGAIGAON WARD NO. 25, P/S. AND DIST. BONGAIGAON, PIN-783380 2:M/S. D DUTTA ELECTRICAL REP. BY DULU DUTTA C/O. M/S. DUTTA ELECTRICAL VILL.- BHAJO JALBHARI P/O. AND P/S. DHEMAJI AND DIST. DHEMAJI ASSAM PIN-787057 Advocate for the Petitioner : MS. M SAIKIA, MS. P BORTHAKUR,MR. R GOSWAMI Advocate for the Respondent : MR A K DAS (R-2), MS J AKTAR( R-1),MR. M KHAN ( R-1) BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN Page No.# 3/4

12.06.2026 ORDER Heard Ms. P. Borthakur, learned counsel for the applicant and Mr. M. Khan, learned counsel for the opposite party No. 1/claimant.

This application, under Order XLI Rule V of the Code of Civil Procedure, is preferred by the applicant/appellant for staying operation of the impugned Judgment and Order, dated 29.05.2025, passed by the learned Commissioner for Workmen’s Compensation, Bongaigaon, in E.C. Case No. 19/2023.

It is to be noted here that vide impugned Judgment and Order, dated

29.05.2025, the learned Commissioner for Workmen’s Compensation, Bongaigaon, has directed the applicant to pay a sum of Rs. 9,15,484/- to the opposite party No. 1/claimant as compensation along with interest @ 6% per annum, from the date of filing of the claim petition, till realization.

Ms. Borthakur, learned counsel for the applicant submits that the connected MFA has already been admitted by this Court and the record has also been called for from the learned Commissioner and on such ground, there is a requirement for staying operation of the impugned Judgment and Order, dated 29.05.2025, till disposal of the connected MFA.

Mr. Khan, learned counsel for the opposite party No. 1/claimant, submits that he has no objection in the event of allowing this interlocutory application, subject, however, to depositing of 50% of the awarded amount by the appellant/applicant before the Registry of this Court and also to allow the opposite party No. 1/claimant to withdraw the same.

Taking note of the submission of the learned counsel for both the parties and Page No.# 4/4 also considering the facts and circumstances on record, this Court is inclined to stay the operation of the Judgment and Order, dated 29.05.2025.

Accordingly, it is provided that till disposal of the connected appeal, the Judgment and Order, dated 29.05.2025, passed by the learned Commissioner for Workmen’s Compensation, Bongaigaon, in E.C. Case No. 19/2023, stands stayed; subject, however, to the condition that the applicant/appellant shall deposit 50% of the awarded amount before the Registry of this Court. On such deposit being made, the opposite party No. 1/claimant shall be at liberty to withdraw the same, subject, however, to furnishing of one indemnity bond.