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2025 DAILYLAW 10365 (GAU)

MD ISMAIL ALI ALIAS ISMILE ALI v. SHRIRAM GIC LTD

I.A.(Civil)/1123/2025 · 2025-09-07

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010071682025 2025:GAU-AS:12163 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1123/2025 MD ISMAIL ALI ALIAS ISMILE ALI SON OF LATE AJGAR ALI ALIAS AKBAR ALI, AGED ABOUT 44 YEARS, A RESIDENT OF VILLAGE BONGORA, ISLAMPUR, P.S. AZARA, DISTRICT KAMRUP(M), ASSAM VERSUS SHRIRAM GIC LTD 1000E/8, RICO INDUSTRAIL AREA, SITAPUR, JAIPUR, RAJASTHAN 302024 AND HAVING ITS BRANCH OFFICE AT 3RD FLOOR, B.R. ARCHADE, 21 JANAPATH, GUWAHATI-781007, ULUBARI (REPRESENTED BY ITS LEGAL MANAGER) Advocate for the Petitioner : MR D MONDAL, Advocate for the Respondent : MR. R GOSWAMI, Linked Case : MACApp./4/2025 SHRIRAM GENERAL INSURANCE CO LTD 1000 E/8 RIICO INDUSTRIAL AREA SITAPURA JAIPUR RAJASTHAN 302024 AND HAVING A BRANCH OFFICE AT B.R ARCADE 3RD FLOOR 21 JANAPATH ULUBARI GUWAHATI 781007 VERSUS ISMAIL ALI @ ISMILE ALI AND 2 ORS S/O LATE ASGAR ALI @ AKBAR ALI Page No.# 2/3 RESIDENT OF VILLAGE BONGORA ISLAMPUR PO BONGORA PS AZARA DIST KAMRUP M ASSAM 781015 2:MD. SUJAUL HOQUE S/O MD. SIRAZUR RAHMAN RESIDENT OF VILLAGE NIRALPUR RANI PO RANI PS PALASHBARI DIST KAMRUP M ASSAM 781131 3:SRI NAJIM ALI S/O ABUL ALI RESIDENT OF VILLAGE ALLIBARI ISLAMPR PS AZARA DIST KAMRUP M ASSAM 781015 ------------ Advocate for : MR. R GOSWAMI Advocate for : MR A BARUAH (R-2) appearing for ISMAIL ALI @ ISMILE ALI AND 2 ORS BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 08.09.2025. Heard Mr. D. Mondal, learned counsel for the applicant/respondent. Also heard Ms. M. Saikia, learned counsel for the opposite party/appellant. This is an application for a direction to the Registry to release the 50 % of the award dated 25.09.2024, which was deposited by the appellant in compliance of the order dated 08.01.2025, passed in IA (Civil) No.37/2025, arising out of MAC Appeal No.04/2025, in favour of the applicant. Page No.# 3/3 It is submitted by Mr. Mondal, learned counsel for the applicant that vide the instant petition, the respondent/ claimant prays for withdrawal of 50 % of the awarded amount which has already been deposited by the appellant before the Registry. Ms. M. Saikia, learned counsel for the opposite party/ respondent submitted in this regard that they have no objection subject to furnishing an indemnity bond. In view of this, the application is allowed. Accordingly, the Registry is hereby directed to release the 50 % of the awarded amount, which has already been deposited by the appellant, after due and proper verification, subject to furnishing an indemnity bond. With the above observation, this Interlocutory Application stands allowed and disposed of. JUDGE Comparing Assistant