GUWAHATI, India, Sept. 28 -- Gauhati High Court issued the following order on Aug. 28:
Heard Mr. D. Mondal, learned counsel for the applicant and Ms. S. Saikia, learned counsel for the opposite Party, Bajaj Allianz General Insurance Company Ltd i.e. Respondent No. 5.
This application has been filed for vacating the stay order passed on 19.01.2022 in I.A. (Civil) No. 2050/2021 arising out of MAC Appeal No. 321/2021.
Mr. Mondal submits that the Forest and Environment Department was earlier represented by Mr. Monish More, but he is now no longer represented in this case. He further submits that Vide Order 41 Rule 5 (5) CPC, a deposit of security is a condition precedent for an order passed by the appellate Court staying for execution of the decree.
Today none appears for the Forest and Environment Department, Govt. of Meghalaya.
I have considered the submissions made by the learned counsel for both the parties and as the Bajaj Allianz General Insurance Company Ltd. has deposited 50% of their share in MAC App. No. 23/2019, the Forest and Environment Department, Govt. of Meghalaya is directed to deposit 50% of their share as directed by the Tribunal in MAC Case No. 1036/.2012.
After deposit of the money by the Forest and Environment Department, Government of Meghalaya, the same shall be disbursed in favour of the claimant i.e. the present applicant, without any rider.
Application is allowed.
With the aforesaid direction, the I.A. stands disposed of.
Disclaimer: Curated by HT Syndication.
