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2025 DAILYLAW 20099 (GAU)

NATIONAL INSURANCE CO. LTD. v. JOYA DAS AND ORS

I.A.(Civil)/3416/2024 · 2025-03-16

Robin Phukan

body2025

Judgment text

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Page No.# 1/2 GAHC010223842024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3416/2024 NATIONAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE and HEAD OFFICE AT 3, MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT G.S. ROAD, BHAGAGARH, GUWAHATI. REPRESENTED BY THE CHIEF REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE G.S. ROAD, BHANGAGARH, GUWAHATI. VERSUS JOYA DAS AND ORS W/O SRI AKSHAY DAS 2:AKSHAY DAS S/O LATE BHANDA RAM DAS BOTH ARE RESIDENT OF VILL. SARU CHAKADAL P.S. and DIST. BARPETA ASSAM. 3:GAUTAM ROY CHOUDHURY S/O SRI BABLU ROY CHOUDHURY R/O A.G.OFFICE BELTOLA P.S. BASISTHA DIST.KAMRUP ASSAM.OWNER OF VEHICLE O.AS-01/Y-357 Advocate for the Petitioner : MR. R GOSWAMI, Advocate for the Respondent : , Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 17.03.2025 Heard Ms. P. Borthakur, learned counsel for the applicant. 2. This interlocutory application is preferred by the applicant, National Insurance Company Limited, for refunding the statutory deposit of Rs. 25,000/- made in MAC.App./170/2011. 3. Ms. Borthakur, learned counsel for the applicant submits that MAC.App./170/2011 had already been disposed of, vide judgment and order dated 01.08.2024 and in the said judgment and order, no order was passed for refunding the statutory deposit and therefore, she has contended to pass necessary order for refunding the statutory deposit of Rs. 25,000/- made in MAC.App./170/2011. 4. Having considered the submission of Ms. Borthakur, learned counsel applicant as well as the materials placed on record, this Court is inclined to allow this application. 5. Accordingly, it is provided that Registry shall refund the statutory deposit of Rs. 25,000/- made in MAC.App./170/2011, in favour of the applicant. 6. In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant