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2025 DAILYLAW 13694 (GAU)

PINKY DEKA v. THE ORIENTAL INSURANCE CO LTD

I.A.(Civil)/1930/2025 · 2025-06-17

Robin Phukan

body2025

Judgment text

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Page No.# 1/3 GAHC010121182025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1930/2025 PINKY DEKA W/O. LATE JYOTI PRASAD DEKA 2: MISS NIHARIKA KASHYAP D/O. LATE JYOTI PRASAD DEKA 3: MISS DHANI KASHYAP D/O. LATE JYOTI PRASAD DEKA 4: SMT. KABITA DEKA M/O. LATE JYOTI PRASAD DEKA ALL ARE RESIDENT OF- HOUSE NO. 3 BYE-LANE-08 KALAGURU PATH SARUMOTORIA P/S.- DISPUR GUWAHATI PIN-781006 KAMRUP(M) ASSAM VERSUS THE ORIENTAL INSURANCE CO LTD A COMPANY REGISTERED UNDER THE COMPANY ACT, REPRESENTED BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI-7, DIST.- KAMRUP(M), ASSAM. 2:SRI NIRMAL BARUA S/O. LATE JAGANATH GUPTA R/O. HOUSE NO. 159 WARD NO. 5 A.T. ROAD Page No.# 2/3 ADABARI P/S- JALUKBARI GUWAHATI-12 KAMRUP(M) ASSAM Advocate for the Petitioner : MR. P K DEKA, C S SARKAR Advocate for the Respondent : MR. S K GOSWAMI, MR. R SHARMA BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 18.06.2025 Heard Mr. P.K. Deka, learned counsel for the applicant and Mr. A. Acharya, learned counsel for the opposite party/appellant. 2. This interlocutory application is preferred by the applicant for allowing her to withdraw 50% of the awarded amount of Rs. 82,90,605/-, i.e. Rs. 41,45,302/- in MAC Case No. 1417/2018, being deposited before the registry of this court pursuant to order of this court dated 09.04.2025, passed in I.A.(Civil) No. 3102/2024. 3. Mr. Deka, learned counsel for the applicant submits that 50% of the awarded amount, i.e. Rs. 41,45,302/- has already been deposited by the appellant company before the registry of this court and that the applicant may be allowed to withdraw the aforesaid amount from the registry. 4. On the other hand, Mr. Acharya, learned counsel for the opposite party/appellant submits that he has no objection if the said amount is released on execution of a bond. 5. Having considered the submissions of learned counsel for both the parties, the applicant is allowed to withdraw the 50% of the awarded amount, i.e. Rs. 41,45,302/- which was deposited before the registry of this court subject to execution of bond of Page No.# 3/3 equal amount. 6. In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant