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2026 DAILYLAW 1837 (GAU)

NEW INDIA ASSURANCE COMPANY LTD v. MUSTT HALIMA KHATUN AND ANR

I.A.(Civil)/2535/2025 · 2026-03-09

Kalyan Rai Surana

body2026

Judgment text

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Page No.# 1/2 GAHC010171672025 2026:GAU-AS:3543 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2535/2025 NEW INDIA ASSURANCE COMPANY LTD HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD FORT MUMBAI AND REGIONAL OFFICE AT G S ROAD GUWAHATI REPRESENTED BY THE CHIEF RIGIONAL MANAGER VERSUS MUSTT HALIMA KHATUN AND ANR WIFE OF LATE ABDUL RASHID RESIDENT OF VILLAGE HATIMURLA PS MOIRABARI PO MOIRABARI DISTRICT MORIGAON ASSAM 2:MD HAIDAR ALI KHAN SON OF LATE ABDUL HAMIDKHAN RESIDENT OF VILLAGE HIJUGURI PO AND PS TINSUKIA ASSA Advocate for the Petitioner : MR SISHIR DUTTA, MR. S DUTTA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 10.03.2026 Heard Ms. S. Mochahari, learned counsel for the applicant. 2. This interlocutory application has been filed for correction of the Page No.# 2/2 inadvertent typing error which has crept in the 3rd last paragraph of the National Lok Aadalat order dated 09.03.2019, passed in MACApp./14923/2018 (Filing Number). 3. It is submitted that the New Assurance Company Limited was the appellant in the said appeal an on satisfaction of the claim, the statutory deposit was required to be returned to the appellant and not the respondent no. 1 claimant. 4. As statutory deposit is always made by the appellant, it is apparent that typographical error has crept in the 3rd last paragraph of the National Lok Aadalat order dated 09.03.2019, passed in MACApp./14923/2018(Filing Number). Accordingly, the said 3rd last paragraph shall now be read as if the security deposit is to be returned to the appellant, New India Assurance Company Ltd. 5. This order shall be read together with Lok Aadalat order order dated 09.03.2019, passed in MACApp./14923/2018(Filing Number). 6. As in the case of typographical error crept in the order, issuance of notice on the respondent is dispensed with as no prejudice would be suffered by the respondent no. 1 for correction of the typographical error. 7. Accordingly, the interlocutory application stands allowed disposed of. JUDGE Comparing Assistant