Page No.# 1/4 GAHC010277342025 2026:GAU-AS:8247 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4125/2025 KHUSHBU AGARWAL WIFE OF LATE JAY KUMAR AGARWAL RESIDENT OF- C/O- SRI BIMAL KR. AGARWAL, 1ST FLOOR, B.K. DAS BUILDING, KRC ROAD, P.S.- BHARALUMIKH, GUWAHATI-9, KAMRUP M, ASSAM. 2: SRI HITARTHA DHANOTIA SON OF LATE JAY KUMAR AGARWAL 3: SMI RANJU DEVI AGARWALA MOTHER OF LATE JAY KUMAR AGARWAL ALL ARE RESIDENTS OFC/O- SRI BIMAL KR. AGARWAL 1ST FLOOR B.K. DAS BUILDING KRC ROAD P.S.- BHARALUMIKH GUWAHATI-9 KAMRUP M ASSAM VERSUS M/S CHOLAMANDALAM GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE, 2ND FLOOR, NO.2, N.S.C BOSE ROAD, CHENNAI, 600001. AND ITS BRANCH OFFICE AT AASTHA PLAZA, 4TH FLOOR, OPPOSITE S.B. DEORAH COLLEGE, G.S. ROAD, ULUBARI, GUWAHATI-7. 2:SRI PAPU KUMAR MANJHI S/O CHAND RAMA MANJHI R/O-C/O- C. H. KHATTON HOUSE NO.1 WARD NO.-1 MILIJULI PATH BASISTHA DISTRICT- KAMRUP M ASSAM781028 3:SRI ARUP RAVA Page No.# 2/4 SON OF- LATE ARUN RAVA RESIDENT OF- KATHALUUTHI P.S.- DHUPDHARA DISTRICT- GOALPARA ASSAMPIN-783123 4:SRI RAJENDRA KUMAR AGARWALA S/O- LATE RAM CHARAN BEZBARUAH R/O- C/O- SRI BIMAL KUMAR AGARWALA 1ST FLOOR B.K. DAS BUILDING KRC ROAD P.S.- BHARALUMIKH GUWAHATI-9 KAMRUP M ASSAM Advocate for the Petitioner : MR. A BORUA, Advocate for the Respondent : MR. R GOSWAMI, BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 10.06.2026 Heard Mr. A. Borua, learned counsel for the applicants. Also heard Ms. P. Borthakur, learned counsel for the respondents. The instant application has been filed by the claimant/respondent Nos. 1, 2 and 3 praying for withdrawal of 50% of the awarded amount, which has been deposited by the appellant–Insurance Company in compliance with the order dated 14.10.2025 passed in I.A. (Civil) No. 942/2025 in MAC Appeal No. 303/2022. The learned counsel for the applicants has submitted that the appellant/Insurance Company instituted MAC Appeal No. 303/2022 challenging Page No.# 3/4 the impugned judgment and award dated 12.01.2022 passed in MAC Case No. 931/2018, whereby the learned Tribunal awarded an amount of Rs. 53,18,872/- along with interest in favour of the applicants. The applicants/respondents have also filed an interlocutory application registered as I.A. (Civil) No. 1602/2022 arising out of MAC Appeal No. 303/2022, wherein this Court by order dated 22.05.2024, directed that the operation of the impugned judgment and award dated 12.01.2022 passed by the learned MACT No. 2, Kamrup (M) in MAC Case No. 931/2018 shall remain stayed till disposal of the appeal. Thereafter, this Court, vide order dated 14.10.2025 passed in I.A. (Civil) No. 942/2025, was further pleased to modify the order dated 22.05.2024 passed in I.A. (Civil) No. 1602/2022 and directed the appellant/Insurance Company to deposit 50% of the awarded amount before the Registry of this Court within a period of six weeks from the date of the said order. The applicants have further stated that the appellant/Insurance Company has already deposited an amount of Rs. 26,59,436/- before the Registry of this Court on 13.11.2025. The learned counsel for the applicants, therefore, prays that this Court may permit the applicants to withdraw the deposited amount of Rs. 26,59,436/-, which has already been deposited by the appellant/Insurance Company. This Court has considered the prayer made by the applicants. Ms. P. Borthakur, learned counsel appearing for the appellant/Insurance Company submits that the application may be allowed subject to the applicants furnishing Page No.# 4/4 an indemnity bond. In view of the facts and circumstances stated hereinabove, the instant application stands allowed. The Registry shall release the deposited amount of Rs. 26,59,436/- to the applicants herein upon proper identification and verification and upon furnishing an indemnity bond to the satisfaction of the Registry. This application is disposed of. JUDGE Comparing Assistant