The petitioner, a claimant, sought a direction to release Rs. 10,34,000 deposited in the Court registry being 50% of the awarded amount. The Court permitted the withdrawal subject to furnishing a bond.
Permitted to withdraw Rs. 10,34,000 deposited in registry subject to furnishing a bond.
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GAHC010026712019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 517/2019
1:SMTI. PARUL BORA
W/O- TULASHI BORA @ TULSI @ TULSHI R/O- VILL.- BOKOTIAL, P.O.- SALIKIHAT, P.S.- GOLAGHAT, DIST.GOLAGHAT, ASSAM, PIN- 785625
VERSUS
1:THE UNITED INDIA INSURANCE CO. LTD. AND 2 ORS.
HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD, CHENNAI 600014 AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD, DISPUR, GUWAHATI 781005
2:SHRI JIBON BORA @ BHABEL S/O SHRI DHANESWAR BORA RESIDENT OF BENGENAKHOWA KHEJURIGURI P.O. BENEGENAKHOWA P.S. GOLAGHAT DIST . GOLAGHAT PIN -785702
3:SHRI GANESH TAPARIA
S/O OF LATE JOYRAM TAPARIA RESIDENT OF MITHAPUKHURI ROAD SOKOLATING DIST. JORHAT ASSAM PIN 78570
Advocate for the Petitioner : MR. T J MAHANTA
Advocate for the Respondent : MR. A J SAIKIA
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
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ORDER
Date : 13-02-2019
Heard Ms. P. Bhattacharya, learned counsel for the claimant-respondent no. 1 as well as Ms. B. Kashyap, learned counsel for the appellant/O.P. No.1.
By this application a direction has been prayed for to release of the amount deposited in the Registry of this Court pursuant to the order dated 02.05.2018 passed in I.A.(Civil) 1209/2018 in connection with the MAC Appeal No. 244/2018. After hearing the parties, the applicant is permitted to withdraw the amount of Rs. 10,34,000/- being 50% of the awarded amount as deposited by the appellant after proper identification. The applicant/claimant is also required to furnish a bond as a pre-condition for release of the said amount.
I.A. accordingly stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to release of deposit amount pending in the court registry?
Smti. Parul Bora
The United India Insurance Co. Ltd.
Shri Jibon Bora
Shri Ganesh Taparia
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
