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2026 DAILYLAW 17400 (GAU)

MD HASIBUL RAHMAN v. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMTED AND ORS

I.A.(Civil)/4152/2025 · 2026-01-06

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/4 GAHC010282332025 2026:GAU-AS:202 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4152/2025 MD HASIBUL RAHMAN S/O MD. ABDUL RAHIM, R/O VILL. PANIAKHAT, P.O. AND P.S. DHULA, DIST. DARRANG, ASSAM, PRESENT ADDRESS BORAGAON, PS GORCHUK, DIST KAMRUPM ASSAM VERSUS ICICI LOMBARD GENERAL INSURANCE COMPANY LIMTED AND ORS REP. BY ITS BRANCH MANAGER, KAMAKHYA TOWER 3RD FLOOR, OFFICE NO. 305 AND 306, G.S. ROAD, GUWAHATI 781005, ASSAM. 2:MD. ABDUL RACID S/O TAUZI SHEIKH R/O VILL. KHATANIAPARA P.O. DHULIA P.S. DHULA DIST. DARRANG ASSAM PIN 784146 3:MD. AZAD ALI S/O LATE MONAZUDDIN R/O VILL. BALABARI P.O. BALABARI P.S. DHULA DIST. DARRANG ASSAM PIN 78414 Advocate for the Petitioner : MR. A BHATTACHARYYA, Advocate for the Respondent : MR. R GOSWAMI, Page No.# 2/4 Linked Case : MACApp./248/2025 ICICI LOMBARD GENERAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT ICICI BANK TOWERS BANDRA KURLA COMPLEX MUMBAI 400051 ITS ZONAL OFFICE AT APPEJAY HOUSE 15 PARK STREET 7TH FLOOR KOLKATA 700016 AND A BRANCH OFFICE AT KAMAKHYA TOWER 3RD FLOOR OFFICE NO. 305 AND 306 G.S. ROAD GUWAHATI 781005 ASSAM. VERSUS MD HASIBUL RAHMAN AND 2 ORS S/O MD. ABDUL RAHIM R/O VILL. PANIAKHAT P.O. AND P.S. DHULA DIST. DARRANG ASSAM PIN 784146 2:MD. ABDUL RACID S/O TAUZI SHEIKH R/O VILL. KHATANIAPARA P.O. DHULIA P.S. DHULA DIST. DARRANG ASSAM PIN 784146 3:MD. AZAD ALI S/O LATE MONAZUDDIN R/O VILL. BALABARI P.O. BALABARI P.S. DHULA DIST. DARRANG ASSAM PIN 784146 ------------ Page No.# 3/4 Advocate for : MR. R GOSWAMI Advocate for : MR. A BHATTACHARYYA appearing for MD HASIBUL RAHMAN AND 2 ORS BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 07.01.2026. Heard Mr. A. Bhattacharya, learned counsel for the applicant/respondent. Also heard Ms. P. Borthakur, learned counsel for the opposite party/appellant. This is an application for a direction to the Registry to release the 50 % of the awarded amount i.e. Rs.1,89,131/- (Rupees one lakh eighty nine thousand one hundred thirty one) only, which has already been deposited by the appellant ICICI Lombard General Insurance Co. Ltd., in pursuant to the order dated 09.06.2025, passed in IA (Civil) No.1844/2025, arising out of MAC Appeal No.248/2025, in favour of the applicant. It is submitted by Mr. Bhattacharya, learned counsel for the applicant that vide the instant petition, the respondent/ claimant prays for withdrawal of 50 % of the awarded amount which has already been deposited by the appellant before the Registry. Ms. P. Borthakur, learned counsel for the opposite party/ respondent submitted in this regard that they have no objection subject to furnishing an indemnity bond. In view of this, the application is allowed. Accordingly, the Registry is hereby directed to release the 50 % of the awarded Page No.# 4/4 amount, which has already been deposited by the appellant, after due and proper verification, subject to furnishing an indemnity bond. With the above observation, this Interlocutory Application stands allowed and disposed of. JUDGE Comparing Assistant