Page No.# 1/3 GAHC010086932026 2026:GAU-AS:7538 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1450/2026 NIRMALA NAMASUDRA WO LATE SHRIDHAR NAMASUDRA, RO VILL FAKUAGRAM, PO FAKUAGRAM, PS RAMKRISHNA NAGAR, DIST KARIMGANJ, ASSAM, PIN 788723 2: RAJIB NAMASUDRA SO LATE SHRIDHAR NAMASUDRA ALIAS SRIDHAR BISWAS RO VILL FAKUAGRAM PO FAKUAGRAM PS RAMKRISHNA NAGAR DIST KARIMGANJ ASSAM PIN 788723 3: RIYA NAMASUDRA DO LATE SHRIDHAR NAMASUDRA RO VILL FAKUAGRAM PO FAKUAGRAM PS RAMKRISHNA NAGAR DIST KARIMGANJ ASSAM PIN 788723 4: RANJIT BISWAS ALIAS RANJIT NAMASUDRA SO LATE SHRIDHAR NAMASUDRA ALIAS SRIDHAR BISWAS RO VILL FAKUAGRAM PO FAKUAGRAM PS RAMKRISHNA NAGAR DIST KARIMGANJ ASSAM PIN 78872 VERSUS Page No.# 2/3 NATIONAL INSURANCE CO LTD REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA 700071,REPRESENTED BY THE ASSISTANT MANAGER, GAUHATI REGIONAL OFFICE, BHANGAGARH, GHY 781005 2:SOMA CHAKRABORTY WO BIRPRAJIT CHAKRABORTY RO HOUSE NO 52 WARD NO 27 GIRISH ROAD PO TARAPUR PS SILCHAR DIST CACHAR ASSAM PIN 788003 3:MD SHAIN AHMED SO MD KALIM UDDIN RO VILL UTTAR PANIGHAT PO PANIGHAT PS KARIMGANJ DIST KARIMGANJ ASSAM PIN 78870 Advocate for the Petitioner : MR. M TALUKDAR, Advocate for the Respondent : MS. R D MOZUMDAR, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 01.06.2026 Heard Mr. M. Talukdar, learned counsel for the applicants. Also heard Ms. R.D. Mozumdar, learned counsel for the opposite party No. 1. This application is preferred by the applicants/claimants for allowing them to withdraw Rs. 6,85,625/-, being 50% of the awarded amount, which has been deposited before the Registry of this Court by the opposite party No. Page No.# 3/3 1/appellant. Mr. Talukdar, learned counsel for the applicants submits that the only earning member of the family suffered demise and as such, the applicants have been facing many hardships in maintaining their families, and therefore, he submits that they may be allowed to withdraw the aforesaid amount, which has been deposited before the Registry of this Court. Mr. Talukdar also submits that the applicants are ready to furnish a bond to that effect. Per contra, Ms. Mozumdar, learned counsel for the opposite party No. 1, submits that she has objection in releasing the aforesaid amount to the applicants as the vehicle in question was a planted vehicle and that the opposite party No. 1/appellant has a very good case. However, taking note of the submissions of learned counsel for both the parties, and also considering the facts and circumstances on the record, this Court is inclined to allow the applicants to withdraw a sum of Rs. 4,00,000/- out of the amount being deposited before the Registry of this Court, subject however, to furnishing an indemnity bond of equal amount. In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant