The Gauhati High Court allowed an application to withdraw an appeal security deposit of Rs.1,27,500/- deposited by the appellant, subject to proper identification and the submission of a bond.
Withdrawal of Rs.1,27,500/- deposit allowed after proper identification and submission of a bond.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010020822019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 398/2019
1:SATYA MURLI S/O- LATE ABHIRAM MURLI R/O- VILL.- TETELIA KATAHJARI, P.S.- KHETRI- 781104, DIST.- KAMRUP (M), ASSAM
VERSUS
1:ORIENTAL INSURANCE CO. LTD. REP. BY ITS REGIONAL MANAGER, G.S. ROAD, ULUBARI, P.O.GUWAHATI- 781007, DIST.- KAMRUP (M), ASSAM
Advocate for the Petitioner : MR. A R AGARWALA
Advocate for the Respondent : MS R D MAZUMDAR
Linked Case : I.A.(Civil) 3256/2018 1:ORIENTAL INSURANCE COMPANY LTD A CENTRAL GOVERNMENT UNDERTAKING HAVING ITS REGIONAL OFFICE AT GUWAHATI ULUBARI GUWAHATI-781007 REPRESENTED BY THE ASSISTANT MANAGER GAUHATI REGIONAL OFFICE ULUBARI GUWAHATI 781007 VERSUS 1:SRI SATTYA MURALI AND 2 ORS S/O LATE ABHIRAM MURALI R/O VILL TETELIA KATAHJARI PO GANDHI NAGAR PS KHETRI DIST KAMRUP M ASSAM 781104 2:BAHARUL ISLAM S/O ALAL UDDIN R/O VILLAGE CHAHARIA PAM PO AND PS MOIRABARI DIST MORIGAON ASSAM 782126 3:MUBARAK ALI
Page No.# 2/2
S/O MD. S. ALI R/O VILLAGE NO 2 NARAMARI PO BANGALDHARA PS DHARAMTUL DIST MORIGAON ASSAM 782412
Advocate for the Petitioner : MS. R D MOZUMDAR Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
Date : 11-02-2019
Heard Shri A. R. Agarwala, the learned counsel for respondent Nos. 1, 2 & 3 who are the applicants/ claimants. Also heard Ms. R. D. Mozumdar, the learned counsel for the opposite party/ appellant.
The connected appeal was admitted on 12.09.2018 and there is also an order of stay of the impugned judgment and order subject to the condition of deposit of 50% of the awarded amount. Accordingly, the appellant has deposited an amount of Rs.1,27,500/- in the Registry of this Court.
The learned counsel for the claimant has filed this application for allowing him to withdraw the aforesaid amount.
After hearing the learned counsels for the parties, this application is allowed.
The claimant would be allowed to withdraw the amount of Rs.1,27,500/- deposited by the appellant after being properly identified. Such withdrawal has to be preceded by submitting a bond.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to allow the applicant to withdraw the security deposit made by the appellant subject to conditions.
ORIENTAL INSURANCE CO. LTD.
SATTYA MURLI AND ORS
SANJAY KUMAR MEDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
