Interlocutory application allowed permitting withdrawal of insurance deposit amount by claimants with no objection from insurer.
Withdrawal of amount of Rs. 45 lacs deposited by the appellant/insurance company before the Registry.
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GAHC010065092020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 968/2020 In MAC Appeal No. 629/2019
1:SMTI GITANJALI DEVI AND 3 ORS
W/O LATE PADMA BAHADUR CHETRY, R/O SILPOTA, KACHARISON, P.S. DHEKIAJULI, DIST. SONITPUR, ASSAM 784110, TEMPORARY R/O CHANDMARI, TEZPUR, WARD NO. 19, P.O. AND P.S. TEZPUR, DIST. SONITPUR, ASSAM 784001
2: SMTI NARAMAYA BHANDARI W/O LATE BHIM BAHADUR CHETRY PERMANENT R/O SILPOTA KACHARISON P.S. DHEKIAJULI DIST. SONITPUR ASSAM 784110
TEMPORARY R/O CHANDMARI TEZPUR WARD NO. 19 P.O. AND P.S. TEZPUR DIST. SONITPUR ASSAM 784001
3: RAJ KAMAL BHANDARI S/O LATE PADMA BAHADUR CHETRY PERMANENT R/O SILPOTA KACHARISON P.S. DHEKIAJULI DIST. SONITPUR ASSAM 784110
TEMPORARY R/O CHANDMARI TEZPUR WARD NO. 19
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P.O. AND P.S. TEZPUR DIST. SONITPUR ASSAM 784001
4: MISS RAINA DEVI D/O LATE PADMA BAHADUR CHETRY PERMANENT R/O SILPOTA KACHARISON P.S. DHEKIAJULI DIST. SONITPUR ASSAM 784110
TEMPORARY R/O CHANDMARI TEZPUR WARD NO. 19 P.O. AND P.S. TEZPUR DIST. SONITPUR ASSAM 78400
VERSUS
1:UNITED INDIA INSURANCE CO. LTD AND 3 ORS
HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD, CHENNAI 600014 AND ONE OF THE REGIONAL OFFICE AT M.S.S. PATH, DISPUR, GUWAHATI 781005
2:SHRI MASTOR ROY S/O LATE RAGHUNI ROY R/O VILL. KETEKIBARI P.O. AND P.S. TEZPUR DIST. SONITPUR ASSAM PIN 784154
3:SHRI BINOD RAI S/O LATE MANGNI RAI R/O VILL. MANGAPUR HUSSAIN EAST CHAMPARAN P.S. KHAJURIA DIST. MOTIHARI BIHAR PIN 845401
4:ORIENTAL INSURANCE CO. LTD. TEZPUR BRANCH
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REPRESENTED BY REGIONAL OFFICE M.S.S. PATH ULUBARI GUWAHATI KAMRUP (M) ASSAM PIN 78100
Advocate for the Petitioner : MR M R ADHIKARI
Advocate for the Respondent :
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER
13.10.2020
By way of filing this interlocutory application, the applicants/respondent Nos. 1 to 4/claimants in the main case have prayed for withdrawal of the amount of Rs. 45 lacs, deposited by the appellant/United India Insurance Company Limited, before the Registry, in terms of order dated 23.01.2020, passed by this Court in IA (Civil) Case No. 4005/2019, arising out of MAC Case No. 629/2019.
Learned counsel for the Insurance Company is also present, who has raised no objection against such withdrawal by the applicants/claimants.
Considering the submission as well as the materials on record, the applicants, namely, Gitanjali Devi, Naramaya Bhandari, Raj Kamal Bhandari and Raina Devi, are hereby allowed to withdraw the aforesaid amount deposited before the Registry, on due identification and verification accordingly. Interlocutory Application stands disposed of.
JUDGE
Comparing Assistant
Gitanjali Devi and 3 Ors
United India Insurance Co. Ltd and 3 Ors
Rumi Kumari Phukan
As recorded by the court registry
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