MOTIBUR RAHMAN v. THE ORIENTAL INSURANCE COMPNAY LIMITED
I.A.(Civil)/3888/2025 · 2026-03-08
Robin Phukan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2363 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2363 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010264882025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3888/2025 MOTIBUR RAHMAN S/O LATE H.M MUJIBUR RAHMAN, R/O RUPAI SIDING (NEAR MASJID), P.O- RUPAI, P.S.- DOOM DOOMA, DIST- TINSUKIA, ASSAM 2: KAWAR SHIRIN D/O LATE H.M MUJIBUR RAHMAN R/O RUPAI SIDING (NEAR MASJID) P.O- RUPAI P.S.- DOOM DOOMA DIST- TINSUKIA ASSAM
Act VERSUS THE ORIENTAL INSURANCE COMPNAY LIMITED HAVING ITS REGIONAL OFFICE AT GODREJ BUILDING, ULUBARI, GUWAHATI-07, REPRESENTED BY ITS DEPUTY MANAGER. Advocate for the Petitioner : MR. R S MISHRA, MR. A K GUPTA Advocate for the Respondent : MR J KALITA,
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date :09.03.2026
Heard Mr. A.K. Gupta, learned counsel for the applicants. Also heard Mr. J. Kalita, learned counsel for the opposite party. This application, under Section 151 of the CPC, is preferred by the applicants to withdraw 50% of the awarded amount deposited by the opposite party, pursuant to the order dated 07.04.2025, passed in CRP No. 47/2025. Mr. Gupta, learned counsel for the applicants submits that the opposite party herein has deposited a sum of Rs. 7,68,500/- before the Registry of this Court, pursuant to the order dated 07.04.2025, passed in CRP No. 47/2025, and that the applicants may be allowed to withdraw the said amount. On the other hand, Mr. Kalita, learned counsel for the opposite party has opposed the application on the ground that the income of the deceased was wrongly calculated and the claimants are not dependent upon the income of the deceased. The issues, so raised by Mr. Kalita, learned counsel for the opposite party, will be considered at the time of hearing of the connected CRP No. 47/2025. Taking note of the submissions of learned counsel for both the parties, and also considering the facts and circumstances on the record, it is provided that 50% of the awarded amount, which was deposited before the Registry of this Court, pursuant to the order dated 07.04.2025, passed in CRP No. 47/2025, shall be released in favour of the applicants on furnishing a bond of equal amount.
Page No.# 3/3 In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant