Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010194982025
2025:GAU-AS:14464
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2890/2025 ABUL HUSSAIN S/O LATE HABIBUR RAHMAN RESIDENT OF VILLAGE KHARCHIMARI, PO AND PS PANCHARTNA, DIST BONGAIGOAN, ASSAM VERSUS ORIENTAL INSURANCE CO LTD REGIONAL OFFICE, G.S ROAD, ULUBARI PO GUWAHATI 781007, DIST KAMRUPM ASSAM Advocate for the Petitioner : MR. A R AGARWALA, Advocate for the Respondent : MR. R C PAUL, Linked Case : MACApp./111/2025 ORIENTAL INSURANCE COMPANY LTD A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A-25/27 ASAF ALI ROAD NEW DELHI- 2 WITH ONE ITS REGIONAL OFFICE AT G.S. ROAD ULUBARI GUWAHATI- 7 REP. BY ITS REGIONAL MANAGER. VERSUS ABDUL HUSSAIN AND 2 ORS. B S/O LATE HABIBUR RAHMAN
Page No.# 2/3 VILL.- KHARCHIMARI P.O. AND P.S.- PANCHARATNA DIST.- BONGAIGAON ASSAM PIN- 783380. 2:MD. JIYAUL HAQUE S/O ABUL KARI SARKAR
VILL.- SWAPATA P.O. AND P.S.- BILASIPARA DIST.- DHUBRI ASSAM PIN- 78334. 3:MD. ABDUR RAHIM S/O MD. ABUL SALAM
VILL.- JAWKARA P.O. AND P.S.- PANCHARATNA DIST.- BONGAIGAON ASSAM PIN- 783380. ------------ Advocate for : MR. R C PAUL Advocate for : appearing for ABDUL HUSSAIN AND 2 ORS. B
BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 29.10.2025
Heard Mr. A. R. Agarwala, learned counsel appearing on behalf of the applicant/claimant. Also heard Mr. R. C. Paul, learned counsel appearing on behalf of the Opposite Party/ Insurance Company. By order, dated 23.04.2025, while staying the operation of the judgment & award, dated 08.06.2023, passed by the learned Member, Motor Accident Claim Tribunal, Dhubri, in MAC Case No. 113/2014; this Court has directed the appellant Insurance Company to deposit 50% of the total awarded amount before the Registry of this Court. Page No.# 3/3 However, it appears that the appellant Insurance Company is yet to deposit the same. By this application, the applicant/claimant has prayed for a direction to the Insurance Company to deposit the amount, in question, and also withdrawal of the said amount. Mr. Paul, learned counsel for the Insurance Company, has assured that the amount, in question, will be deposited before the Registry of this Court within a period of 2(two) weeks. In view of the above, the Insurance Company is hereby directed to deposit 50% of the total awarded amount before the Registry of this Court within a period of 2(two) weeks from today.
Upon such deposition being made by the Insurance Company, the Registry is directed to release the same to the applicant/claimant after proper verification as well as on furnishing of a bond of like amount. With the above directions, the interlocutory application accordingly stands allowed and disposed of. JUDGE Comparing Assistant