MOHINI MOSHAHARY AND 3 ORS v. RELIANCE GENERAL INSURANCE CO LTD
I.A.(Civil)/74/2025 · 2025-01-08
Kaushik Goswami
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5194 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5194 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010000472025
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/74/2025 MOHINI MOSHAHARY AND 3 ORS W/O. SUBOT MOSHAHARY, R/O. VILL.- MANSHALGAON, P/O. KALIBARI BAZAR, P/S. DIST. KOKRAJHAR, PIN-783370, BTAD, ASSAM. VERSUS RELIANCE GENERAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT 19 RELIANCE CENTRE, WALCHAND HARICHAND MARG, BILLARD ESTATE, MUMBAI-400001 AND ONE OF ITS BRANCH OFFICE AT BHANGAGARH, G.S. ROAD, GUWAHATI. Advocate for the Petitioner : MR. R ALI, MR H A AHMED Advocate for the Respondent : MR. K K BHATTA, Linked Case : MACApp./593/2024 RELIANCE GENERAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT 19 RELIANCE CENTRE WALCHAND HARICHAND MARG BILLARD ESTATE MUMBAI-400001 AND ONE OF ITS BRANCH OFFICE AT BHANGAGARH G.S. ROAD GUWAHATI. VERSUS MOHINI MOSHAHARY AND 3 ORS W/O. SUBOT MOSHAHARY R/O. VILL.- MANSHALGAON P/O. KALIBARI BAZAR P/S. DIST. KOKRAJHAR PIN-783370 BTAD ASSAM.
Page No.# 2/3 2:DIPANKAR DAS S/O. ANIL DAS R/O. VILL.- NIZ CHAKABAUSHI P/S. SARBHOG PIN-781317 DIST. BARPETA ASSAM.
3:NAYANMONI MUSHAHARY S/O. SUBOT MOSHAHARY R/O. VILL.- MANSHALGAON P/O. KALIBARI BAZAR P/S. DIST. KOKRAJHAR PIN-783370 BTAD ASSAM.
4:HIRUMONI KHERKATARY D/O. LATE SUBOT MMASHARY W/O. RUKI KHERKATARY R/O. VILL.- BENNIBARI P/S. GOBARDHANA DIST. BAKSA PIN-781316 ASSAM. ------------ Advocate for : MR. K K BHATTA Advocate for : MR. R ALI (R- 1 3 4) appearing for MOHINI MOSHAHARY AND 3 ORS BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER Date : 09.01.2025
Heard Mr. H. A. Ahmed, learned counsel for the applicant. Also heard Mr. K. K. Bhatta, learned counsel for the respondent. By way of this application, the applicant is seeking direction to the Registry of this Court to release the 50% of the awarded amount to the applicant. Heard the parties and perused the averments made in support of the
Page No.# 3/3 instant application. It appears that this Court vide order dated 20.11.2024, while considering the Interlocutory Application, being I.A.(Civil) 3513/2024, seeking stay of the
judgment and order dated 10.09.2024 passed by the learned Member, MACT, Bajali, Pathsala, in MAC Case No. 52/2020, was pleased to stay the operation of the said impugned judgment and award, subject to deposit of 50% of the awarded amount before the Registry of this Court. It further appears that thereafter the opposite party/appellant has deposited an amount of Rs.34,15,463/- (Rupees Thirty Four Lakhs Fifteen Thousand and Four Hundred Sixty Three) only before the Registry of this Court on 23.12.2024. The present application is being filed for releasing the aforesaid amount to the applicant. Mr. K. K. Bhatta, learned counsel for the respondent/ Insurance Company does not oppose to the said prayer. In view of the above, the Interlocutory Application is allowed by directing the Registry of this Court to release the deposited 50% of the awarded amount of Rs.34,15,463/- (Rupees Thirty Four Lakhs Fifteen Thousand and Four Hundred Sixty Three) only to the applicant. The Interlocutory Application is accordingly disposed of.
JUDGE Comparing Assistant