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2025 DAILYLAW 21445 (GAU)

SABED ALI AND 3 ORS. v. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD

I.A.(Civil)/3910/2024 · 2025-01-08

Kaushik Goswami

body2025

Judgment text

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Page No.# 1/3 GAHC010257292024 2025:GAU-AS:316 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3910/2024 SABED ALI AND 3 ORS. S/O LATE HURMUJ ALI, VILL.- NO. 1, CHASRA GAON, P.S.- BAGHBAR, DIST.- BARPETA, ASSAM, PIN- 781308. 2: KULSAN NESSA W/O SABED ALI VILL.- NO. 1 CHASRA GAON P.S.- BAGHBAR DIST.- BARPETA ASSAM PIN- 781308. 3: KASIM NESSA W/O LATE HURMUJ ALI VILL.- NO. 1 CHASRA GAON P.S.- BAGHBAR DIST.- BARPETA ASSAM PIN- 781308. 4: SARJAN NESSA W/O LATE HURMUJ ALI VILL.- NO. 1 CHASRA GAON P.S.- BAGHBAR DIST.- BARPETA ASSAM PIN- 781308 Page No.# 2/3 VERSUS CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE, 2ND FLOOR, NO. 2 N.S.C. BOSE ROAD, CHENNAI- 600001 AND ITS BRANCH OFFICE AT AASTHA PLAZA, 4TH FLOOR, OPPOSITE TO S.B. DEORAH COLLEGE, G.S. ROAD, GUWAHATI. Advocate for the Petitioner : MR. R ALI, MR H A AHMED,MR. R ALI Advocate for the Respondent : MR. R GOSWAMI, BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 09.01.2025 Heard Mr. H. A. Ahmed, learned counsel appearing for the applicants. Also heard Ms. P. Borthakur, learned counsel appearing for the respondents. 2. This is an application seeking direction to the Registry of this Court for releasing the 50% of the awarded amount deposited by the Insurance Company before this Court. 3. It appears that this Court in I.A.(Civil) No.1609/2024 was pleased to stay the operation of the Judgment and Award dated 29.02.2024 passed by the learned Member, MACT, Barpeta, in MAC Case No.464/2022 subject to deposit of 50% of the awarded amount before the Registry of this Hon’ble Court within 4 (four) weeks. 4. It appears that pursuant to the aforesaid order, the Page No.# 3/3 respondent Insurance Company has deposited a check amounting to Rs. 4,88,600/- (four lakh eighty eight thousand six hundred) only as 50% of the awarded amount before the Registry of this Court on 25.06.2024. 5. The present application is filed seeking direction for releasing of the aforesaid 50% awarded amount lying with the Registry of this Court to the applicant. 6. Heard the learned counsel appearing for both the parties and perused the material available on record. 7. Ms. P. Borthakur, learned counsel appearing for the respondents submits that she has received no instructions to oppose the prayer made in the instant application. 8. In view of the above, in the interest of justice, this Court deems fit to dispose of the instant application by directing the Registry of this Court to release the deposited 50% awarded amount of Rs. 4,88,600/- (four lakh eighty eight thousand six hundred) only to the applicants. 9. With the above direction and observation, this Interlocutory Application stands disposed of. JUDGE Comparing Assistant