Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 10989 (GAU)

SHRI GAURI SHANKAR RATHI v. THE ORIENTAL INSURANCE CO. LTD.

I.A.(Civil)/157/2026 · 2026-07-22

Yarenjungla Longkumer

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC020005512026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/157/2026 SHRI GAURI SHANKAR RATHI S/O LATE BADRILAL RATHI, R/O BIHPURIA TOWN WARD NO. 1. DISTRICT - LAKHIMPUR, ASSAM VERSUS THE ORIENTAL INSURANCE CO. LTD. REPRESENTED BY THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD, DIMAPUR, NAGALAND Advocate for the Petitioner : IMTIWAPANG, Advocate for the Respondent : , BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 23.07.2026 The instant application has been filed by the applicant/claimant praying for withdrawal of the statutory deposit of Rs.25,000/- which had been deposited at the time of filing the MACApp.6/2022 before the Registry of this Court. Heard the learned counsel for the applicant Mr. Page No.# 2/3 Imtiwapang. The petitioner submits that he was the respondent in MACApp.6/2022. At the time of filing the appeal, the appellant had deposited Rs.25,000/- as statutory deposit as required under section 173 of the Motor vehicles Act,1988. The petitioner/applicant also submits that the MACApp 6/2022 was disposed of on 16.03.2026 and in paragraph 19 of judgment, it was directed that the Registry shall allow the respondent/claimant to withdraw the statutory deposit of Rs.25,000/- which has been deposited by the appellant and the same shall be adjusted towards the payment of the balance awarded amount. The learned counsel for the applicant submits that the claimant has not been allowed to withdraw the statutory deposit of Rs.25,000/- by the Registry of this Court therefore, he has come before this Court by filing the present application. The Court has perused the application and also the pleadings. By judgment and order dated 16.03.2026, this Court had directed that the Registry shall allow the respondent/claimant to withdraw the statutory deposit of Rs.25,000/- which has been deposited by the appellant and the same shall be adjusted towards the payment of the balance awarded amount. This Court is of the view that this direction needs no further confirmation therefore, the registry shall allow the respondent/claimant to withdraw the statutory deposit of Rs.25,000/- which has been deposited by the Page No.# 3/3 appellant/Insurance company. I.A. stands disposed of. Sd/- JUDGE Comparing Assistant