SUNITA DEVI v. THE NEW INDIA ASSURANCE COMPANY LIMITED
I.A.(Civil)/1700/2025 · 2026-02-26
Sanjeev Kumar Sharma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 2752 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2752 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010111512025
2026:GAU-AS:3103
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1700/2025 SUNITA DEVI W/O LATE NANDA LAL PASWAN 2: MISS PREETI KUMARI D/O LATE NANDA LAL PASWAN 3: MISS RUPAM KUMARI D/O LATE NANDA LAL PASWAN 4: MISS SHILFA KUMARI D/O LATE NANDA LAL PASWAN
ALL ARE PERMANENT RESIDENT OF VILLAGE MAHANTH MANIYARI TOLA GIGHIYA PS MANIYARI DIST MUZZAFFARPUR BIHAR PRESENTLY RESIDING AT C/O SRI DINESH SHAH S/O SRI RAJ KUMAR SHAH G.S COLONY FATASHIL PUKHURIPAR GUWAHATI 25 DIST KAMRUP M ASSA VERSUS THE NEW INDIA ASSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD, ABC, GUWAHATI. 2:M/S QUALITY COKE INDUSTRIES (P) LTD. Page No.# 2/3 309 2ND FLOOR BAROOAH MARKET TRP ROAD FANCY BAZAR GUWAHATI 781001 DIST KAMRUP (M) ASSAM Advocate for the Petitioner : MR D K KALITA, MR. G C BORAH Advocate for the Respondent : MR. K K BHATRA, MR. R K BHATRA
BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 27.02.2026
1. Heard Mr. D.K. Kalita, learned counsel for the applicant. Also heard Mr. K.K. Bhatra, learned counsel for the Insurance Company. 2. This I.A. has been preferred seeking to withdraw the awarded amount along with interest which has been deposited by the Insurance Company with the Registry of this Court pursuant to Order dated 05.06.2017 in I.A(Civil) No. 1754 of 2017. An objection has been filed on behalf of the Insurance Company stating that there are strong and cogent grounds in the appeal for its success and in the event of release of the amount, the Insurance Company will suffered irreparable harm. 3. A perusal of the memo of appeal reveals that it has been state that the impugned Judgment & Award is bad in law and is liable to be modified giving liberty to the appellant/insurer to pay and then recover the awarded amount from the owner/insurer of the vehicle. Page No.# 3/3
4. From the above, it is clear that there is no substance to the objection filed by the Insurance Company. Therefore, the prayer for withdrawal is allowed. The claimant/applicant/respondent in the appeal is permitted to withdraw the entire amount deposited by the Insurance Company from the Registry of the Court subject to execution of suitable bond. 5. I.A. stands disposed of accordingly.
JUDGE Comparing Assistant