Page No.# 1/3 GAHC010160172026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2623/2026 MD SAIFUL ALI S/O. CHAFI ALI, RESIDENT OF VILLAGE NO. 1, NIMUA LATIMA, POST OFFICE GHORAPAR, POLICE STATION GHORAPAR, DISTRICT NALBARI, ASSAM, PIN 781369 2: MD. CHAFI ALI SON OF LATE CHENIYA ALI RESIDENT OF VILLAGE- NO.1 NIMUA LATIMA POST OFFICE- GHORAPAR POLICE STATION- GHORAPAR DISTRICT- NALBARI ASSAM PIN CODE- 781369. 3: MD. MAFIJUDDIN SON OF ABDUL SALAM RESIDENT OF VILLAGE FURHANIATI POST OFFICE- LETERIPARA BAZAR POLICE STATION- JURIA NAGAON DISTRICT- NAGAON PIN CODE- 782124 ASSAM. 4: MD. SARIF HUSSAIN SON OF MD. HAKIM ALI RESIDENT OF -VILLAGE- BORGURI (NAPAM) POST OFFICE AND POLICE STATION- SONITPUR DISTRICT- SONITPUR TEZPUR ASSAM PIN CODE- 784028 VERSUS Page No.# 2/3 HDFC ERGO GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED AND CORPORATE OFFICE AT FIRST FLOOR, HDFC HOUSE, 165-166 BACKDAY RECLAMATION, H.T. PAREKH MARG, CHURCHGATE, MUMBAI-400020, MAHARASHTRA, ITS ZONAL OFFICE AT FOURTH FLOOR, BLOCK-C, 22 CAMAC STREET, KOLKATA, 700016 AND THE BRANCH OFFICE AT ADITYAM TOWER, 6TH FLOOR, ULUBARI, G.S. ROAD, GUWAHATI, KAMRUP (M), ASSAM AND IS REPRESENTED BY ITS DEPUTY MANAGER, LITIGATION DEPARTMENT AND T.P. CLAIMS Advocate for the Petitioner : A TALUKDAR, MR A MOHAMMAD Advocate for the Respondent : DR. T KALITA, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 17.08.2026 1. Heard Mr. A. Mohammad, the learned counsel for the applicant. Also heard Mr. T. Kalita, the learned counsel for respondent Nos. 1 and 2 as well as Mr. S. Bhattacharjee, learned counsel for opposite party Nos. 3 and 4. 2. This interlocutory application has been filed by the applicant/claimant in connection with MAC Case No. 97/2026 praying for allowing the applicant/claimant to withdraw the 50% of the awarded amount which was deposited by the opposite party/Insurance company before the Registry of this Court in pursuance to the order dated 06.03.2026 passed by this Court in I.A. No. 700/2026 in connection with MAC Case No. 97/2026. 3. Though, the learned counsel for the opposite party/Insurance company has opposed the prayer on the ground that the Insurance company has questioned its liability to pay the compensation as the same was beyond the Page No.# 3/3 terms of the policy. However, he submits that the Insurance company has already deposited 50% of the awarded amount in terms of the directions passed by this Court in I.A. No. 700/2026. 4. Considering the facts and circumstances of this case, this Court is inclined to allow the instant interlocutory application with certain conditions. The Registry is directed to disburse the 50% of the awarded amount deposited by the applicant Insurance company i.e., Rs. 1,56,188/- in terms of the directions of this Court passed on 06.03.2026 in I.A. No. 700/2026 to the present applicants/claimants on furnishing an indemnity bond of amount equal to the amount to be disbursed to them with an undertaking that in the event, the connected appeal is allowed, the applicant shall refund the said amount, if so directed. 5. With the above observations, this interlocutory application is disposed of. JUDGE Comparing Assistant