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2026 DAILYLAW 9182 (GAU)

PRABABATI KALOWAR v. THE ORIENTAL INSURANCE CO LTD

I.A.(Civil)/2213/2026 · 2026-06-25

Mridul Kumar Kalita

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010131892026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2213/2026 PRABABATI KALOWAR WO LATE BALARAM KALOWAR, RO VILL DERBY T E, PO DERBY, PS DHOLAI, DIST CACHAR, ASSAM, PIN 788112 2: SATISH KONWAR WO LATE BALARAM KALOWAR RO VILL DERBY T E PO DERBY PS DHOLAI DIST CACHAR ASSAM PIN 78811 VERSUS THE ORIENTAL INSURANCE CO LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, REP BY ITS REGIONAL MANAGER, ULUBARI, GHY 788007, DIST KAMRUP M, ASSAM 2:KAMRUL ISLAM LASKAR SO LATE MAKTAR UDDIN LASKAR RO VILL PATHARIGRAM PO RAJNAGAR PS SILCHAR DIST CACHAR ASSAM PIN 788026 3:ALOM HUSSAIN LASKAR SO LATE MOKDUS ALI LASKAR RO VILL PATHARIGRAM PO RAJNAGAR PS SILCHAR DIST CACHAR Page No.# 2/3 ASSAM PIN 788026 4:NEW INDIA ASSURANCE COMPANY LIMITED REPRESENTED BY ITS DIVISIONAL MANAGER SILCHAR DIVISION HOSPITAL ROAD SILCHAR PROGRESSIVE HEIGHT 1ST FLOOR OPPOSITE JAME MASJID PO SILCHAR 5 DIST CACHAR ASSAM PIN 78800 Advocate for the Petitioner : MR A B DEY, Advocate for the Respondent : MR. S K GOSWAMI, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 26.06.2026 1. Heard Mr. A. B. Dey, learned counsel for the applicant. Also heard Mr. S. Sarma, learned counsel for the Insurance Company as well as Ms. R. Das, learned counsel for the respondent No. 5. 2. This interlocutory application has been filed by the applicant/claimant praying for direction to allow the applicant/claimant to withdraw the 50% of the awarded amount which has been deposited by the Insurance Company before the Registry of this Court in pursuant to the order dated 22.11.2024, passed in I.A.(C) No. 3563/2024. 3. The learned counsel for the Insurance Company submits that the Insurance Company does not have any objection, subject to the condition that Page No.# 3/3 the applicant may be required to furnish an indemnity bond. 4. The prayer is allowed. 5. In view of the submissions made by the learned counsel for both sides, the payer made by the applicant in this interlocutory application is allowed. 6. The Registry is directed to disburse the 50% of the awarded amount deposited by the Insurance Company before it to the present applicant/claimant after proper verification, on furnishing of indemnity bond to the amount equivalent to the amount deposited by the Insurance Company before it. 7. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant