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2026 DAILYLAW 12284 (GAU)

SMTI ASHABOTI ROHIDAS v. ORIENTAL INSURANCE CO LTD

I.A.(Civil)/2622/2026 · 2026-08-20

Mridul Kumar Kalita

body2026

Judgment text

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Page No.# 1/2 GAHC010161042026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2622/2026 SMTI ASHABOTI ROHIDAS WO SHRI PREM CHANDRA ROHIDAS, RO VILL LAHORIJAN, PS GINGIA,DIST BISWANATH, ASSAM, PIN 784184 VERSUS ORIENTAL INSURANCE CO LTD REGIONAL OFFICE AT GODREJ BUILDING, ULLUBARI, GHY 07, ASSAM, REPRESENTED BY ITS ASSISTANT MANAGER 2:MD SALMAN KHURSHID SO GAJUR RAHMAN RO VILL NO 2 KUMALIA PO PANIBHARAL PS BISWANATH CHARALI DIST BISWANATH ASSAM PIN 784176 3:SUSHIL THING SO LATE BIMAL THING RO VILL GOLIA PO PANIBHARAL PS BISWANATH CHARALI DIST BISWANATH ASSAM PIN 78417 Advocate for the Petitioner : MR SOHAING, MS. E R BAISHYA,AMAN ALI Advocate for the Respondent : MR. S K GOSWAMI, Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 21.08.2026 1. Heard Mr. S. Kathak, learned counsel for the applicant. Also heard Mr. S. Sarma, learned counsel for the Insurance Company. 2. This interlocutory application has filed by the applicant/claimant in connection with MAC Appeal No. 275/2026 praying for allowing the applicant/claimant to withdraw 50% of the awarded amount which has been deposited by the opposite party/Insurance Company in compliance with the order dated 15.06.2026 by this Court in I.A.(C) No. 1766/2026 in MAC Appeal No. 275/2026. 3. The learned counsel for the Insurance Company has objected to the prayer on the ground that the connected appeal is ready for hearing and the impugned judgment was passed ex-parte against the Insurance Company. 4. I have considered the submissions made by the learned counsel for both sides. 5. After Considerng the entire aspect of this case, this Court is inclined to allow this interlocutory application subject to certain conditions. 6. The Registry is directed to disburse 50% of the awarded amount which has been deposited by the Insurance Company in pursuant to the directions of this Court as mentioned herein above to the applicant/claimant, namely, Smti Ashaboti Rohidas on furnishing an indemnity bond equivalent to the amount which is to be disbursed to her in pursuant to this order, after proper verification. 7. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant