Page No.# 1/3 GAHC010023182025 2025:GAU-AS:3964 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/419/2025 NOWSAD ALI S/O LATE MOZIBAR RAHMAN, R/O VILL. CHIRAKHOWA PART-II, P.S. FAKIRGANJ, DIST. DHUBRI, ASSAM, PIN VERSUS NEW INDIA ASSURANCE COMPANY LTD AND ORS HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD, ABC, GUWAHATI AND ONE OF ITS DIVISIONAL OFFICE AT BONGAIGAON. 2:NATIONAL INSURANCE CO. LTD. REGD. OFFICE -3 MIDDLETON STREET POST BOX NO. 700071 AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI. 3:GHARA SINGH S/O SRI KAKA SINGH R/O VILL SATYAM CAMP R.S. PURA J and K P.S. R.S. PURA JAMMU PIN- 4:KAKA SINGH S/O SUJAN SINGH R/O VILL. SATYAM CAMP R.S. PURA Page No.# 2/3 J and K P.S. R.S. PURA JAMMU PIN- 5:JOYNAL ABEDIN R/O JHALER ALGA PART-I P.O. and P.S. GAURIPUR DIST. DHUBRI ASSAM PIN Advocate for the Petitioner : BANDANA HAZARIKA, MS. R CHOUDHURY,MD. MEMON AHMED Advocate for the Respondent : MR. R K BHATRA, MS. S DAS,MS. P HUJURI,MR. R K BHATRA,MR. K K BHATRA BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 03.04.2025 Heard Ms. R. Choudhury, learned counsel for the applicant. Also heard Ms. A. Biyani, learned counsel for the opposite party No. 1 and Mr. R. Goswami, learned counsel for the opposite party No. 2. 2. This interlocutory application, under Section 151 of the CPC, is preferred by the applicant for allowing him to withdraw 50% of the awarded amount deposited before the Registry of this Court. 3. Ms. Choudhury, learned counsel for the applicant submits that pursuant to the order of this Court dated 27.05.2024, passed in I.A.(Civil) No. 3779/2017, the opposites parties had deposited 50% of the awarded amount before the Registry of this Court and the same may be allowed to be withdrawn by the applicant herein. Page No.# 3/3 4. Ms. Biyani, learned counsel for the opposite party No. 1, has vehemently opposed the application on the ground that after six years of investigation, the police has submitted charge-sheet against the driver of both the offending vehicles and in fact, the TATA Magic vehicle which was insured with the opposite party No. 1, is not at all involved with the accident, and that if the amount is released in favour of the applicant at this stage, the appeal would become infructuous. 5. Mr. Goswami, learned counsel for the opposite party No. 2 submits that the opposite party No. 2 has already deposited its share of the 50% of the awarded amount and the same has already been withdrawn by the applicant herein. 6. Taking note of the submissions of learned Advocates of both the parties, and also considering the facts and circumstances on the record, this Court is inclined to allow this application. 7. Accordingly, it is provided that the applicant shall be allowed to withdraw 50% of the awarded amount deposited before the Registry of this Court on executing an indemnity bond of equal amount. 8. In terms of above, this interlocutory application stands disposed of. JUDGE Comparing Assistant