Page No.# 1/3 GAHC010086552025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1336/2025 MD IDRIS ALI S/O LATE GANI SK, R/O VILL. SARPARA, P.O. BIJAYNAGAR, P.S. PALASHBARI, DIST. KAMRUP, ASSAM, PIN 781122 2: MAIKON BIBI W/O MD. IDRIS ALI R/O VILL. SARPARA P.O. BIJAYNAGAR P.S. PALASHBARI DIST. KAMRUP ASSAM PIN 78112 VERSUS NEW INDIA ASSURANCE CO LTD REP BY ITS REGIONAL MANAGER, GS ROAD ULUBARI, GUWAHATI 07 ASSAM Advocate for the Petitioner : MR. A R AGARWALA, Advocate for the Respondent : MR. R GOSWAMI, BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 06.08.2025 Page No.# 2/3 Heard Mr. A.R. Agarwala, learned counsel for the applicant as well as Mr. R. Goswami, learned counsel for the sole opposite party, who was the appellant in MACApp. No. 131/2018. 2. This interlocutory application has been filed for modification of the order dated 14.12.2024 passed in the National Lok Adalat in connection with MACApp. No. 131/2018, corresponding to MAC Case No. 567/2009, which was disposed of by the learned Member, Motor Accident Claims Tribunal, Dhubri. 3. It is projected that as per the terms of settlement, which was recorded in the pre-settlement/ compromise sheet on 30.11.2024, the terms of settlement was for a lump sum amount of Rs.5,00,000/-. Out of which, a sum of Rs.1,25,000/- was already deposited before the Registry of this Court and the balance sum payable was Rs.3,75,000/-, specifically mentioning therein regarding “no TDS”. 4. However, by order dated 14.12.2024 passed in the National Lok Adalat, it was directed that the balance sum of Rs.3,75,000/- would be subject to a deduction of 10% TDS, and further, that the TDS certificate shall be provided to the claimants (respondent nos. 1 and 2 in MACApp. No. 131/2018). 5. Pursuant to order dated 01.08.2025, the learned counsel for the opposite party (appellant in the said appeal) has produced the original copy of the pre-settlement/ compromise sheet for the National Lok Adalat to be held on 14.12.2024, which was signed on 30.11.2024. As there was a pre-settlement for no deduction of TDS, the prayer having not been objected by the learned counsel for the opposite party, is allowed. 6. Accordingly, it is provided that there would be no requirement of deduction of 10% TDS of the balance sum payable. Accordingly, this order Page No.# 3/3 exempting deduction of TDS shall be read together with order dated 14.12.2024 passed in the National Lok Adalat in connection with MACApp. No. 131/2018. 7. The learned counsel for the opposite party shall provide a photocopy of the pre-settlement/ compromise sheet to be kept as part of the record. Accordingly, the balance amount shall be deposited by the opposite party before the Registry of this Court within a period of 4(four) weeks from the date of the order and on providing the satisfactory proof of the identity of the claimants, the Registry shall permit the claimants/ applicants to withdraw the compensation amount. 8. This I.A. stands disposed of. JUDGE Comparing Assistant