Page No.# 1/8 GAHC010202062026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3315/2026 SMT KANIKA ROY WO SRI SUSHANTA ROY, RO AASHRAYA, S DOHATIA ROAD, NEAR DEYS NURSHING CLINIC, PO AND PS TINSUKIA, DIST TINSUKIA, ASSAM VERSUS NATIONAL INSURANCE COMPANY LIMITED REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, KOLKATA 700071, REPRESENTED BY THE MANAGER, GUWAHATI REGIONAL OFFICE, BHANGAGARH, GHY 781005 Advocate for the Petitioner : MR S CHAKRABORTY, Advocate for the Respondent : MS. R D MOZUMDAR, Linked Case : I.A.(Civil)/3718/2019 THE NATIONAL INSURANCE COMPANY LIMITED REPRESENTED BY THE MANAGER THE NATIONAL INSURANCE COMPANY LIMITED REGISTERED HEAD OFFICE AT 3 MIDDLETON STREET CALCUTTA-700071 GAUHATI REGIONAL OFFICE BHANGAGARH GUWAHATI-781005 VERSUS SMTI. KANIKA ROY AND 4 ORS Page No.# 2/8 W/O SHRI SUSHANTA ROY R/O AASHRAYA S DOHATIA ROAD NEAR DEY'S NURSING CLINIC P.O. P.S. AND DISTRICT- TINSUKIA ASSAM PIN 786125. 2:MADAN YADAV S/O LATE BHOLA YADAV R/O KAKARGHATI P.S. SADAR P.O. LALBAGH DISTRICT DARBHANGA BIHAR PIN 846004. 3:SRI SUMIT KUMAR CHOUDHURY S/O LATE UGENDRA CHAUDHURY R/O OPPOSITE MRM COLLEGE PROF. COLONY P.O. LALBAGH DISTRICT- DARBHANGA BIHAR PIN 846004. 4:MRS. PRATIMA SINGH W/O LATE DHARMENDRA KR. SINGH R/O BIMLA BHAWAN OPPOSITE RUPAK CINEMA BAKERGANJ PATNA P.O. BANKIPORE DISTRICT PATNA BIHAR PIN 800004 5:ORIENTAL INSURANCE CO. LTD CITY BRANCH OFFICE NO. VI M.G. ARCADE IIIRD FLOOR OPP. KULHARIA COMPLEX P.O. BANKIPORE PATNA BIHAR. PIN 800001. ------------ Advocate for : MS. R D MOZUMDAR Advocate for : MS. R D MOZUMDAR appearing for SMTI. KANIKA ROY AND 4 Page No.# 3/8 ORS Linked Case : CO/18/2023 KANIKA ROY W/O SHRI SUSHANTA ROY R/O AASHRAYA S DOHATIA ROAD NEAR DEYS NURSING CLINIC P.O. P.S. AND DISTRICT- TINSUKIA ASSAM PIN 786125. VERSUS NATIONAL INSURANCE COMPANY LIMITED AND 2 ORS. REGISTERED HEAD OFFICE AT 3 MIDDLETON STREET CALCUTTA-700071 REP. BY THE MANAGER GUWAHATI REGIONAL MANAGER BHANGAGARH GUWAHATI- 781005. 2:MADAN YADAV S/O LATE BHOLA YADAV R/O KAKARGHATI P.S.- SADAR P.O.- LALBAGH DISTRICT- DARBHANGA BIHAR PIN- 846004. 3:SUMIT KUMAR CHOUDHURY S/O LATE UGENDRA CHAUDHURY R/O OPPOSITE MRM COLLEGE PROF. COLONY P.O.- LALBAGH DISTRICT- DARBHANGA BIHAR PIN- 846004. ------------ Advocate for : MR U DAS Advocate for : MS R D MAZUMDAR (r-1) appearing for NATIONAL INSURANCE COMPANY LIMITED AND 2 ORS. Page No.# 4/8 Linked Case : MACApp./468/2022 THE NATIONAL INSURANCE COMPANY LIMITED REPRESENTED BY THE MANAGER THE NATIONAL INSURANCE COMPANY LIMITED REGISTERED HEAD OFFICE AT 3 MIDDLETON STREET CALCUTTA-700071 GAUHATI REGIONAL OFFICE BHANGAGARH GUWAHATI-781005 VERSUS SMTI. KANIKA ROY AND 4 ORS W/O SHRI SUSHANTA ROY R/O AASHRAYA S DOHATIA ROAD NEAR DEY'S NURSING CLINIC P.O. P.S. AND DISTRICT- TINSUKIA ASSAM PIN 786125. 2:MADAN YADAV S/O LATE BHOLA YADAV R/O KAKARGHATI P.S. SADAR P.O. LALBAGH DISTRICT DARBHANGA BIHAR PIN 846004. 3:SRI SUMIT KUMAR CHOUDHURY S/O LATE UGENDRA CHAUDHURY R/O OPPOSITE MRM COLLEGE PROF. COLONY P.O. LALBAGH DISTRICT- DARBHANGA BIHAR PIN 846004. 4:MRS. PRATIMA SINGH W/O LATE DHARMENDRA KR. SINGH R/O BIMLA BHAWAN Page No.# 5/8 OPPOSITE RUPAK CINEMA BAKERGANJ PATNA P.O. BANKIPORE DISTRICT PATNA BIHAR PIN 800004 5:ORIENTAL INSURANCE CO. LTD CITY BRANCH OFFICE NO. VI M.G. ARCADE IIIRD FLOOR OPP. KULHARIA COMPLEX P.O. BANKIPORE PATNA BIHAR. PIN 800001. ------------ Advocate for : MS. R D MOZUMDAR Advocate for : MR S CHAKRABORTY (R1) appearing for SMTI. KANIKA ROY AND 4 ORS Linked Case : I.A.(Civil)/2323/2022 THE NATIONAL INSURANCE COMPANY LIMITED REPRESENTED BY THE MANAGER THE NATIONAL INSURANCE COMPANY LIMITED REGISTERED HEAD OFFICE AT 3 MIDDLETON STREET CALCUTTA-700071 GAUHATI REGIONAL OFFICE BHANGAGARH GUWAHATI-781005 VERSUS SMTI. KANIKA ROY AND 4 ORS W/O SHRI SUSHANTA ROY R/O AASHRAYA S DOHATIA ROAD NEAR DEY'S NURSING CLINIC P.O. P.S. AND DISTRICT- TINSUKIA ASSAM PIN 786125. 2:MADAN YADAV Page No.# 6/8 S/O LATE BHOLA YADAV R/O KAKARGHATI P.S. SADAR P.O. LALBAGH DISTRICT DARBHANGA BIHAR PIN 846004. 3:SRI SUMIT KUMAR CHOUDHURY S/O LATE UGENDRA CHAUDHURY R/O OPPOSITE MRM COLLEGE PROF. COLONY P.O. LALBAGH DISTRICT- DARBHANGA BIHAR PIN 846004. 4:MRS. PRATIMA SINGH W/O LATE DHARMENDRA KR. SINGH R/O BIMLA BHAWAN OPPOSITE RUPAK CINEMA BAKERGANJ PATNA P.O. BANKIPORE DISTRICT PATNA BIHAR PIN 800004 5:ORIENTAL INSURANCE CO. LTD CITY BRANCH OFFICE NO. VI M.G. ARCADE IIIRD FLOOR OPP. KULHARIA COMPLEX P.O. BANKIPORE PATNA BIHAR. PIN 800001. ------------ Advocate for : MS. R D MOZUMDAR Advocate for : appearing for SMTI. KANIKA ROY AND 4 ORS Page No.# 7/8 BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 23.09.2026 1. This application has been filed by the applicant praying for withdrawal of the amount of Rs.11,42,500/- deposited by the appellant insurance company in pursuance of the order dated 01.08.2023 passed in I.A. Civil No. 2323/2022 by this Court. 2. Mr. S. Chakraborty, the learned counsel appears for the applicant. Ms. R. D. Mozumder, the learned counsel appears for the appellant insurance company. 3. The Learned counsel for the applicant submits that an appeal has been preferred by the respondent Insurance Company, which is registered as MAC Appeal No.468/2022. 4. The appellant Insurance Company has also preferred an I.A. Civil No. 2323/2022 praying for stay of the impugned judgment and award dated 20.08.2018 passed by the learned MACT, Tinsukia in MAC Case No. 16/2016. 5. The said I.A. was disposed of by an order dated 01.08.2023 by this Court wherein the impugned judgment and award was stayed on the condition that the appellant insurance company shall deposit 50% of the awarded amount before the Registry of this Court within a period of two months. 6. Thereafter, the appellant insurance company in terms of the said direction has deposited the amount of Rs.11,42,500/- on 19.09.2023 Page No.# 8/8 by cheque No. 615590 dated 18.08.2023 and since then the amount is lying with the Registry of this Court. 7. It is further stated by the applicant that the applicant was never informed about the deposit by the insurance company earlier, and it was only in the month of July 2026 that the present engaged counsel had come to know about the said deposit. 8. It is therefore, prayed that the deposited amount may be allowed to be withdrawn by the applicant/claimant. 9. The Court has considered the submissions of the learned counsel for the parties and the instant application stands allowed. 10. The Registry shall allow the applicant/claimants to withdraw the deposited amount upon proper verification and identification, upon execution of an indemnity bond of the like amount. 11. This Interlocutory Application stands disposed of. JUDGE Comparing Assistant