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2025 DAILYLAW 16948 (GAU)

SAYED RAJUL ALIAS RAJUL ALI ALIAS RAJU v. THE ORIENTAL INSURANCE CO. LTD

I.A.(Civil)/2468/2025 · 2025-08-12

Robin Phukan

body2025

Judgment text

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Page No.# 1/3 GAHC010169102025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2468/2025 SAYED RAJUL ALIAS RAJUL ALI ALIAS RAJU S/O MD. JAINAL ABDIN, VILL.- NEPALIGAON, P.O.- DHANSIRI, P.S.- ORANG, DIST.- UDALGURI, ASSAM, PIN- 784509. VERSUS THE ORIENTAL INSURANCE CO. LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, REP. BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI- 7, DIST.- KAMRUP. 2:RANA DEV SAIKIA S/O LATE GUNA KANTA SAIKIA R/O WARD NO. 7 N.T. ROAD NORTH LAKHIMPUR P.O. AND P.S.- NORTH LAKHIMPUR DIST.- NORTH LAKHIMPUR ASSAM PIN- 787001. 3:MD. JAHANGIR ALAM S/O ABDUL WAHIB VILL.- FASALPUR DHUBURI P.O. AND P.S.- DHUBURI DIST.- DHUBURI Page No.# 2/3 ASSAM PIN- 783301. 4:PARIMAL DAS S/O LATE LATE J. CHANDRA DAS VILL.- NO. 2 DARRANG BAHJER P.O.- SILBORI P.S.- DALGAON DIST.- DARRANG ASSAM PIN-784148. 5:NATIONAL INSURANCE COMPANY LIMITED MANGAIDAI BRANCH REP. BY ITS REGIONAL MANAGER G.S. ROAD GUWAHATI- 05 Advocate for the Petitioner : MR. B K DAS, Advocate for the Respondent : MR. S K GOSWAMI, BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 13.08 .2025 Heard Mr. B.K. Das, learned counsel for the applicant. Also heard Mr. R. Sharma, learned counsel for the opposite party No.1 and Ms. R.D. Mozumdar, learned counsel for the opposite party No.5. This interlocutory application is preferred by the applicant for alteration/modification of the order dated 10.01.2025 passed in I.A.(Civil) No.4081/2024. Mr. Das, learned counsel for the applicant submits that in the I.A.(Civil) Page No.# 3/3 No.4081/2024 vide order dated 10.01.2025, this Court was pleased to stay the operation of the impugned judgment and award dated 11.03.2022 passed by the learned Member, Motor Accident Claims Tribunal, Udalguri, in MAC Case No.18/2017, subject however to deposit 50% of the awarded amount before the Registry of this Court and further pleased to allow the applicant to withdraw the amount on proper adjudication. The learned counsel for the applicant further submits that in view of the word used in the paragraph No.6 of the order, the Registry is under confusion to release the amount and as such, the same required to be altered or modified, so that the applicant may withdraw the amount from the Registry of this Court. Taking note of the submission of learned counsel for both the parties, it is provided that the word 'adjudication' that has been mentioned in the paragraph No.6 of the order dated 10.01.2025, henceforth has to be read as 'identification' for all purpose. In terms of above, the I.A. stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE