Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010214492021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1459/2026 KAMAL SHARMA S/O- LATE DWIJEN SHARMA R/O- VILL.- RAKHAPARA P.O. AGIA P.S. AGIA DIST.- GOALPARA ASSAM PIN- 783120 2: REKHA SHARMA W/O- KAMAL SHARMA R/O- VILL.- RAKHAPARA P.O. AND P.S. AGIA DIST.- GOALPARA ASSAM PIN- 783120 VERSUS THE NATIONAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI-5 ASSAM.
2:RANENDRA KR KALITA S/O- LATE JATINDRA NR. DAS R/O- B T ROAD P..S AND DIST. BONGAIGAON ASSAM PIN- 783380.
3:AZAHAR ALI
Page No.# 2/3 S/O- ANTAZ ALI R/O- VILL.- PALRERCHAR P.O. LENGTISINGA P.S. ABHAYAPURI DIST.- BONGAIGAON ASSAM PIN- 783384. ------------ Advocate for : MR H DAS Advocate for : MR. K K BHATRA appearing for THE NATIONAL INSURANCE CO LTD
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 20.05.2026
1. Heard Mr. H. Das, learned counsel for the applicant. Also heard Mr. R. K. Bhatra, learned counsel for the Insurance Company.
2. This interlocutory application has been filed by the applicant/claimant in connection with MAC Appeal No. 11/2022 praying for allowing the applicants/claimants to withdraw 50% of the awarded amount which has already been deposited by the Insurance Company before the Registry of this court in pursuant to the order dated 07.01.2022 passed in I.A.(C) No. 49/2022.
3. Though, the learned counsel for the Insurance Company has opposed the prayer for release of the aforesaid amount at this stage as the connected appeal has already been fixed for final hearing. However, considering the fact that the judgment and award which has been impugned in the connected appeal was passed way back on 24.08.2021, this Court is inclined to allow this interlocutory application.
4. Accordingly, the Registry is directed to release 50% of the awarded
Page No.# 3/3 amount which has already been deposited by the Insurance Company before the Registry to the present applicant/claimants after proper verification on furnishing a bond of same equivalent amount so released to them.
5. This interlocutory application is accordingly disposed of.
JUDGE Comparing Assistant