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2025 DAILYLAW 21148 (GAU)

M/S UNITED INDIA INSURANCE CO. LTD v. NASIRA BEGUM AND 3 ORS

I.A.(Civil)/3900/2024 · 2025-04-20

Budi Habung

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010250592024 2025:GAU-AS:4729 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3900/2024 M/S UNITED INDIA INSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD, CHENNAI 600014 WITH ONE OF ITS REGIONAL MANAGER VERSUS NASIRA BEGUM AND 3 ORS W/O LATE IMDAD HUSSAIN CHOUDHURY, R/O VILL. AMIN PATTY, P.O. AND P.S. NAGAON-782001, DIST. NAGAON, ASSAM. 2:FARIHA IMDAD (MINOR) D/O LATE IMDAD HUSSAIN CHOUDHURY R/O VILL. AMIN PATTY P.O. AND P.S. NAGAON 782001 DIST. NAGAON ASSAM. 3:JUNAINAH IMDAD (MINOR) D/O LATE IMDAD HUSSAIN CHOUDHURY R/O VILL. AMIN PATTY P.O. AND P.S. NAGAON 782001 DIST. NAGAON ASSAM. 4:ON THE DEATH OF SURATNESSA HER LEGAL HEIRS R/O VILL. AMIN PATTY P.O. AND P.S. NAGAON 782001 DIST. NAGAON ASSAM. 5:ALHAZ NUR HUSSAIN CHOUDHURY R/O VILL. AMIN PATTY Page No.# 2/3 P.O. AND P.S. NAGAON 782001 DIST. NAGAON ASSAM. 6:SRI AMIT AGARWALA S/ORAJ KUMAR AGARWALA C/O PAWAN AUTOMBILES A.T. ROAD GUWAHATI 7:NURUL ISLAM SURVEY BELTOLA GUWAHATI DIST. KAMRUP (M) ASSAM. 8:SRI SURESH RAY S/O FULDEV RAY R/O OLD MISSAMRI ROAD GORUBANDHA SONITPUR P.O. TEZPUR-7840506 ASSA Advocate for the Petitioner : MR. A J SAIKIA, M CHETIA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 21-04-2025 Heard Mr. A. J. Saikia, learned counsel for the applicant. By filing this application under Section 151 of the Code of Civil Procedure, 1908, the applicant prays for refund of the statutory amount of Rs. 25, 000/- which was deposited at the time of filing the connected appeal. Page No.# 3/3 Mr. A. J. Saikia, learned counsel submits that MACApp./26/2018 was disposed of on 13.11.2024, however, there was no mention of return of the statutory amount deposited by the appellant. Therefore, Mr. A. J. Saikia, learned counsel for the applicant prays for a direction to return the statutory amount of Rs. 25,000/- deposited by the applicant/Insurance Company with interest which has accrued along with the amount to be paid to the applicant. The prayer is considered and allowed. The Registry is accordingly directed to take necessary steps for refund of the statutory amount in the matter as indicated above. With the above, this IA stands allowed and disposed of. JUDGE Comparing Assistant