Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010097682025
2025:GAU-AS:6802
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1477/2025 NISHA RANI BEGUM WIFE OF RAFIAL ISLAM, RESIDENT OF VILLAGE, KHARUWABANDA, SOUTH SALMARA, DHUBRI, ASSAM VERSUS ORIENTAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A 25/27, ASAF ALI ROAD, NEW DELHI 110002 WITH REGIONAL OFFICE AT GUWAHATI-7, REPRESENTED BY THE REGIONAL MANAGER Advocate for the Petitioner : MR D MONDAL, Advocate for the Respondent : MR. R C PAUL, Linked Case : MACApp./634/2024 ORIENTAL INSURANCE COMPANY LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A-25/27 ASAF ALI ROAD NEW DELHI-2 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD ULUBARI GUWAHATI-7 REP. BY ITS REGIONAL MANAGER.
Page No.# 2/4 VERSUS NISHA RANI BEGUM AND 5 ORS W/O. RAFIAL ISLAM R/O. VILL.- KHARUWABANDA P/O. FEKAMARI P/S. SOPUTH SALMARA DIST. DHUBRI ASSAM PIN-783135.
2:SADHANA DAS W/O. LATE BALIRAM DAS R/O. VILL. GITANAGAR WARD NO. 7 P/O. BALADMARI P/S. GAOLPARA DIST. GOALPARA ASSAM PIN-783121.
3:SANAM MONDAL S/O. SHAMSUZ ZAMAN AHMED R/O. VILL.- JHAGRARPAR PART-I P/O. KHALILPUR P/S. DHUBRI ASSAM PIN-783325.
4:AKHTAR HUSSAIN S/O. LATE MOHAMMAD HUSSAIN R/O. VILL. KISMOTPUR WARD NO.14 P/O. BALADMARI P/S. GOALPARA DIST. GOALPARA ASSAM PIN-783121 5:MOHAMMAD ALI S/O. KADAM ALI R/O. VILL. RAGHUPARA P/O. FEKAMARI P/S. SOUTH SALMARA DIST. DHUBRI ASSAM
Page No.# 3/4 PIN-783135.
6:CHOLA MS GENERAL INSURANCE COMPANY LIMITED REP. BY ITS BRANCH MANAGER (LEGEL) GUWAHATI BRANCH OFFICE AASTHA PLAZA 7TH FLOOR G.S. ROAD NEAR BORA SERVICE PETROL PUMP OPPOSITE S.D. DEORAH COLLEGE ULUBARI GUWAHATI P/O. ULUBARI P/S. PALTANBAZAR DIST. KAMRUP(M) ASSAM PIN-781007. ------------ Advocate for : MR. R C PAUL Advocate for : MR. A BHATTACHARYYA (R-6) appearing for NISHA RANI BEGUM AND 5 ORS
BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER
ORDER Date : 28.05.2025
The present application has been filed by the respondent claimants, for withdrawing 50 % of the award dated 08.08.2024, which has been deposited by the appellant insurance company in compliance with order dated 20.12.2024 passed in I. A. (Civil) 3983/2024 arising out of MAC Appeal 634/24.
Learned counsel, Mr. D. Mondal, submits that this Court vide order dated 20.12.2024 had stayed the operation of the Judgment and award dated
08.08.2024. passed by the learned Member, MACT No. 2, Kamrup(M), Guwahati in Mac Case No. 1956/2018, subject to the condition that the opposite party/ appellant shall deposit 50 % of the said award within a period of 4 weeks from the date of this order.
Page No.# 4/4 It is submitted that in compliance with the said order the insurance company/appellant has already deposited the 50 % of the award dated 08.08.2024 before the Registry of this Court on 20.01.2025. Further, it is prayed that this amount may be allowed to be withdrawn by the claimants. The learned counsel, Mr. D. Mondal for the appellant insurance company is present and has not objections to the said prayer provided that the claimants execute an indemnity bond of like amount before the Registry. Accordingly, this application is allowed.
The claimants/applicant is allowed to withdraw the said awarded amount on execution of indemnity bond of like amount. Registry shall do the needful after proper verification. The application stand disposed of.
JUDGE Comparing Assistant