Application to release 50% of awarded amount deposited in registry allowed by allowing withdrawal properly identified subject to submission of appropriate bond.
Permission to withdraw 50% of the deposited amount subject to identification and submission of an appropriate bond.
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GAHC010025812019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 496/2019
1:SRI KAILASH KALITA S/O- LATE GOPI KALITA R/O- VILL.- MAIRANDANGA, P.O.- CHENGNOI, DIST.- NALBARI, ASSAM
VERSUS
1:NEW INDIA ASSURANCE COMPANY LTD. AND ANR HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87, MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD, ABC, GUWAHATI
2:DIPJYOTI BHATTACHARJYA S/O -KAMALA KANTA BHATTACHARJYA R/O- VILL. AND P.O.- JANIGOG P.S.- NALBARI DIST.- NALBARI PIN- 78133
Advocate for the Petitioner : MR. S C PANDIT
Advocate for the Respondent : MR. R K BHATRA
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
Date : 13-02-2019
Heard Shri S.C. Pandit, learned counsel for the respondent no.1/claimant.
By this application, a prayer has been made for releasing the amount deposited being
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50% of the awarded amount as per the order dated 02.05.2018 passed by this Court in I.A. (Civil) 1309/2018 in connection with MAC Appeal No. 244/2018.
I have also heard Shri R.K. Bhatra, the learned counsel for the appellant/oppositeparty no.1. upon hearing the parties, this I/A is allowed permitting the applicant/claimants to withdraw the 50% of the awarded amount deposited in the Registry of this Court in terms of the order dated 02.05.2018 on being properly identified. The said release has to be preceded by submission of an appropriate bond.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether an application to release the deposited award amount must be allowed upon submission of a bond and identification.
SRI KAILASH KALITA
NEW INDIA ASSURANCE COMPANY LTD.
DIPJYOTI BHATTACHARJYA
SANJAY KUMAR MEDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
