Page No.# 1/3 GAHC010015442025 2025:GAU-AS:2349 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/337/2025 SMT RINA DAS W/O-SRI GOPAL DAS, R/O-NAVARANG BYE LANE NO2, SASANPARA, EAST CHOWKIDINGEE, P. O, AND P. S. AND DISTRICT-DIBRUGARH, ASSAM VERSUS NEW INDIA ASSURANCE CO LTD ITS REGISTER OFFICE AT MG ROAD, FORT, MUMBAI AND ONE OF THE REGIONAL OFFICES KNOWN AS NORTH EAST REGIONAL OFFICE AT LACHIT NAGAR, ULUBARI, GUWAHATI-07 ASSAM 2:SRI BASANT SINGH S/O SRI BUTA SINGH RESIDENT OF SANT NAGAR VILLAGE JIWAN NAGAR PO SANT NAGAR DIST SIRSA TEHSIL RANIA HARYANA 125075 3:SRI RAM LAGAN JHA S/O BHAJEBHAN JHA RESIDENT OFCHANDANPATTI VILLAGE (SANGAPATTI VILLAGE) PO SAKRA DIST MUZAFFARPUR BIHAR 843105 4:SRI BITTU DAS S/O SRI GOPAL DAS Page No.# 2/3 RESIDENT OF NAVARANG BYE LANE NO. 2 SASANPARA EAST CHOWKIDINGEE PO PS AND DIST DIBRUGARH ASSAM 786003 5:THE BRANCH MANAGER NATIONAL INSURANCE CO. LTD. KHEMKA MARKET DIBRUGARH ASSAM 78600 Advocate for the Petitioner : MR MAYANK SAHEWALLA, MR M SAHEWALLA,MS T J SAHEWALLA Advocate for the Respondent : MR. R K BHATRA, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 05.03.2025 Ms. G.Duggar, learned counsel for the applicant has filed this application under Order 41 Rule 27 read with Section 151 of the CPC, for necessary order. It is submitted on behalf of the applicant that vide order dated 27.05.2022 passed by this Court in I.A. (Civil)/1510/2022, the applicant was directed to deposit 50% of the awarded amount of the impugned Judgment and Award in connection with MAC Case No.36/2017 and order dated 28.10.2021 was stayed. It is also submitted that the applicant was allowed to withdraw the amount after filing an application. Ms. A.Biyani, learned counsel for the opposite party has raised objection stating that they have every objection in withdrawal of the said amount as the owner is liable to pay the awarded amount and not the insurer. Page No.# 3/3 Ms. U.Roy, learned counsel appears for the respondent No.5. I have considered the submission of the parties. As order has already been passed to allow the applicant to withdraw the amount by this Court in connection with I.A. (Civil)/1510/2022, the applicant is hereby allowed to withdraw 50% of the awarded amount of Rs.10,95,000/-. The interlocutory application stands disposed. JUDGE Comparing Assistant