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2025 DAILYLAW 2889 (GAU)

GITU BORDOLOI v. THE ORIENTAL INSURANCE CO. LTD AND ANR

I.A.(Civil)/4223/2025 · 2026-02-12

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010288122025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4223/2025 GITU BORDOLOI S/O RAMA BORDOLOI, VILL.- MOLANKATTA ADARSAGAON, DIGHALIATI, P.S.- RAHA, DIST.- NAGAON, ASSAM. Advocate- VERSUS THE ORIENTAL INSURANCE CO. LTD AND ANR A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, REPRESENTED BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI- 7, DIST- KAMRUP (M), ASSAM 2:PUSPENDRA BHUYAN S/O- LATE RADHA NATH BHUYAN R/O- VILL.- DIGHALIATI P.S.- RAHA DISTRICT- NAGAON ASSAM (OWNER OF THE VEHICLE NO. AS-01/T-1477 Advocate for the Petitioner : MR N Z CHOUDHURY, S LASKAR Advocate for the Respondent : MR. S K GOSWAMI, MR. R SHARMA Linked Case : MACApp./372/2025 THE ORIENTAL INSURANCE CO. LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956. REP. BY ITS REGIONAL MANAGER Page No.# 2/3 ULUBARI GUWAHATI- 7. VERSUS GITU BORDOLOI AND ANR F S/O RAMA BORDOLOI VILL.- MOLANKATTA ADARSAGAON DIGHALIATI P.S.- RAHA DIST.- NAGAON ASSAM. 2:PUSPENDRA BHUYAN S/O LATE RADHA NATH BHUYAN VILL.- DIGHALIATI P.S.- RAHA DIST.- NAGAON ASSAM. ------------ Advocate for : MR. S K GOSWAMI Advocate for : appearing for GITU BORDOLOI AND ANR F BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 13.02.2026 Heard Ms. A. Bora, learned counsel for the applicant who by this Interlocutory application filed in connected MACApp. No. 372/2025 is seeking a direction to the Registry of this Court for receiving 50% of the total awarded compensation deposited by the appellant/insurance company in terms of the order of this Court on 29.08.2025 in I.A. (Civil)/2701/2024. Mr. S.K. Goswami, learned counsel for the insurance company submits that the applicant can be allowed to withdraw the 50% of the deposited amount, subject to a bond, as the involvement of the vehicle in the alleged accident Page No.# 3/3 is disputed. Considering the above, as the amount has already been deposited before the Registry, the applicant herein, who is the awardee – may be allowed to receive the amount, subject to making of the bond regarding the same and proper identification and other usual formalities. The I/A stands allowed and disposed of. JUDGE Comparing Assistant