Page No.# 1/4 GAHC010235292024 2025:GAU-AS:1160 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3425/2024 DIPAK SAIKIA S/O SRI RUPRAM SAIKIA RESIDENT OF SAKRAHI, PO DIKRONG, PS NARAYANPUR ,DIST LAKHIMPUR, ASSAM 784164 PRESENTLY RESIDING AT VILLAGE SOTIA CHUK, PO AND PS GOHPUR, DIST BISWANATH, ASSAM VERSUS BINOD KR. HARLALKA AND 2 ORS S/O LATE SAHANLAL HARLALKA RESIDENT OF 206, DHANUKA COMPLEX BLOCK, A.T ROAD, ATHGAON, GUWAHATI , DIST KAMRUP , 781001, ASSAM 2:MR. JAYANTA SAIKIA S/O BENU SAIKIA VILLAGE CHOULDHARA PO BOGINADI PS BOGINADI DIST LAKHIMPUR ASSAM 787032 3:THE NEW INDIA ASSURANCE CO. LTD. REPRESENTED BY ITS BRANCH MANAGER A.T ROAD BRANCH A.T ROAD GUWAHATI OPP. TO POLICE RESERVE ABOVE UBI ROAD DIST KAMRUP ASSAM 78100 Page No.# 2/4 Advocate for the Petitioner : MR P NEOG, Advocate for the Respondent : , BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG ORDER Date : 05.02.2025 Heard Mr. P. Neog, learned counsel appearing for the applicant, who submits that the applicant is not having a bank account in the nationalized bank but has account in the ICICI Bank, Biswanath Chariali Branch vide A/c No.325001502413 and IFS Code-ICIC0003250 and prayed that in terms of its settlement made at Lok Adalat dated 11.05.2024, he may be allowed to deposit the mentioned Rs.10,00,000/- in the said bank instead of a Nationalized Bank. He further submitted that due to his medical condition, he may be allowed to deposit the Rs.10,00,000/- only for a period of 2 (two) years 3 (three) months since 7 (seven) months have already lapsed from the date of settlement. He further mentioned that since the matter has already settled at Lok Adalat, the presence of the respondents may not be necessary though the matter has been kept pending for return of service of notice on the respondents. Having heard the submissions made by the learned counsel for the applicant, it is seen that the MAC Appeal No.245/2023 was disposed of on settlement which was made at Lok Adalat dated Page No.# 3/4 11.05.2024. The terms of settlement being that- "It is submitted by both the claimant and the Insurance Company's representatives that this matter is settled between the parties at an amount of Rs. 24,50,000/-, inclusive of all components. This amount will be received by the claimant as a full and final settlement of his claim. The Insurance company will deposit the amount of Rs. 24,50,000/- within a period of 45 days from today before the Registry of the Gauhati High Court. Failure to deposit the above-mentioned amount within the stipulated time by the New India Assurance Company Limited, the above amount would carry an interest at the rate of 7% from the date of filing of the claim petition before the learned Tribunal. Out of the amount of Rs. 24,50,000/-; an amount of Rs. 10,00,000/- shall be kept as a fixed deposit in the name of the appellant/claimant, herein, before a nationalized Bank at least for a period of 3 years. The claimant, herein, will be entitled to withdraw the balance amount from the Registry upon furnishing of adequate documents for identification and details of the Bank account numbers." This court has considered the submission made by the learned counsel appearing for the applicant that the claimant is not having bank account in the Nationalized Bank and has prayed that he may be allowed to deposit the amount of Rs.10,00,000/- as a fixed deposit for a period of 2 (two) months 3 (three) years in the ICICI Bank, Biswanath Chariali Branch vide A/c No.325001502413 and IFS Code- ICIC0003250. Page No.# 4/4 I have also perused the documents on record showing the medical bills for the treatment undergone by the petitioner. This court thus find it fit to allow the instant application and allow the amount of Rs.10,00,000/- to be kept in fixed deposit in the ICICI Bank, Biswanath Chariali Branch vide A/c No.325001502413 and IFS Code-ICIC0003250 for the remaining period of 2 (two) years 3 (three) months, considering that the settlement was made on 14.08.2024. Accordingly, the said Interlocutory Application stands disposed of as above. JUDGE Comparing Assistant