The Gauhati High Court allowed an application by claimants seeking withdrawal of Rs.1,50,000/- deposited by the appellant insurer under a stay order, directing submission of a bond.
Permission granted to allow claimants to withdraw Rs.1,50,000/- deposited by appellant after 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.
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GAHC010020772019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 399/2019
1:ANUWARA BEGUM AND 2 ORS. W/O- LATE FAKIR ALI
2: MD. SYED AKHTAR S/O- LATE FAKIR ALI
3: MUZKURA BEGUM R/O- VILL. NO. 1 ARIMARI P.O. AND P.S.- KHARUPETIA- 784115 DIST.- DARRANG ASSAM (APPLICANT 2 AND 3 ARE THE MINOR OF THE DECEASED AND HENCE REP. BY THE APPLICANT NO. 1)
VERSUS
1:THE NATIONAL INSURANCE CO. LTD.
REP. BY ITS REGIONAL MANAGER, G.S. ROAD, BHANGAGARH, P.O.GUWAHATI- 781005, DIST.- KAMRUP (M), ASSAM
Advocate for the Petitioner : MR. A R AGARWALA
Advocate for the Respondent : MS R D MAZUMDAR
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
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are the applicants/ claimants. Also heard Ms. R. D. Mozumdar, the learned counsel for the opposite party/ appellant.
The connected appeal was admitted on 13.06.2018 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.1,50,000/- in the Registry of this Court.
The learned counsel for the claimants has filed this application for allowing them to withdraw the aforesaid amount.
After hearing the learned counsels for the parties, this application is allowed.
The claimants would be allowed to withdraw the amount of Rs.1,50,000/- deposited by the appellant after being properly identified. Such withdrawal has to be preceded by submitting a bond. It is made clear that since the claimants No. 2 and 3 are minors and it is the claimant No.1 who will represent all the claimants.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether to allow the appellants to withdraw the secured deposit of Rs.1,50,000/-.
Whether the bond submission by the minor applicants is required before withdrawal.
Whether the representative capacity of applicant No.1 suffices for minor claimants.
Anwar Begum and 2 Ors. W/o Late Fakir Ali
National Insurance Co. Ltd.
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
