DEBOJIT NATH AND ANR v. M/S UNITED INDIA INSURANCE CO LTD
I.A.(Civil)/2698/2025 · 2026-02-01
Mitali Thakuria
body2026
DailyLaw.ai
[ 2026 DAILYLAW 523 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 523 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010179732025
2026:GAU-AS:1286
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2698/2025 DEBOJIT NATH AND ANR O- SRI BIJOY CH. NATH, REP. BY SMT. PRAFULLA NATH, W/O- SRI BIJOY CH. NATH, VILL.- BATORHAT (MASTER PARA), NEAR RELIANCE PETROL PUMP, P.S. PALASHBARI, DIST.- KAMRUP, ASSAM. 2: SARBESWAR NATH S/O- LATE BRAJA MOHAN NATH R/O- VILL.- DAHALI MASTER PARA P.S. PALASHBARI DIST.- KAMRUP ASSAM VERSUS M/S UNITED INDIA INSURANCE CO LTD HAVING ITS HEAD OFFICE AT 24, WHITES ROAD, CHENNAI AND REP. BY ITS REGIONAL OFFICE AT G.S. ROAD, GUWAHATI-5, ASSAM Advocate for the Petitioner : MR. K BHATTACHARJEE, ABBASH U AHMED,MS J ROY Advocate for the Respondent : MR. B J MUKHERJEE, Linked Case : MACApp./7/2021 UNITED INDIA INSURANCE COMPANY LIMITED HAVING ITS HEAD OFFICE AT 24 WHITES ROAD CHENNAI AND REP. BY ITS REGIONAL OFFICE AT G.S. ROAD GUWAHATI-5 ASSAM
Page No.# 2/3 VERSUS DEBAJIT NATH AND ANR S/O- SRI BIJOY CH. NATH REP. BY SMT. PRAFULLA NATH W/O- SRI BIJOY CH. NATH VILL.- BATORHAT (MASTER PARA) NEAR RELIANCE PETROL PUMP P.S. PALASHBARI DIST.- KAMRUP ASSAM. 2:SARBESWAR NATH S/O- LATE BRAJA MOHAN NATH R/O- VILL.- DAHALI MASTER PARA P.S. PALASHBARI DIST.- KAMRUP ASSAM. ------------ Advocate for : MR. S HAZARIKA Advocate for : appearing for DEBAJIT NATH AND ANR
BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA
O R D E R
Date : 02.02.2026. Heard Mr. S. Das, learned counsel for the applicant/claimant. Also heard Mr. H. Buragohain, learned counsel appearing for the appellant. This is an application praying for withdrawal of an amount of Rs.2,10,759/- (Rupees two lakh ten thousand seven hundred and fifty nine) only, which has been deposited by the appellant before the Registry in pursuant to the order dated 29.01.2021, passed in IA (Civil) No.100/2021, arising out of MAC Appeal No.7/2021, in favour of the applicant. Page No.# 3/3 It is submitted by Mr. Das, learned counsel that the applicant/claimant is need of money and accordingly prayed for withdrawal of the same. Mr. Buragohain, learned counsel for the opposite party/ appellant has 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 Rs.2,10,759/- (Rupees two lakh ten thousand seven hundred and fifty nine) only, which has already been deposited by the appellant, after due and proper verification, subject to furnishing an indemnity bond, in pursuant to the order dated 29.01.2021, passed in IA (Civil) No.100/2021, arising out of MAC Appeal No.7/2021. With the above observation, this Interlocutory Application stands allowed and disposed of. JUDGE Comparing Assistant