This order permitted the claimant to withdraw 50% of the deposited awarded amount. The Court directed the Registry to release half the sum along with interest. The application was disposed off accordingly.
Permission to remove of 50% of the awarded amount along with interest to the claimant. The Registry to release the same.
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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GAHC010037752018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/617/2018
SMTI. MAYNA RANI DAS
W/O- LT. ROHINI KANTA DAS, R/O VILL.- KHELMA, PART- VI, P.O.KATIGORAH,
VERSUS
M/S NEW INDIA ASSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87, MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GHY- 5
Advocate for the Petitioner : MR. M TALUKDAR
Advocate for the Respondent : MR. K K BHATTA
Linked Case : MACApp./126/2019
M/S NEW INDIA ASSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD MUMBAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI.
VERSUS
SMTI MAYNA RANI DAS and 2 ORS W/O LATE ROHINI KANTA DAS R/O VILL. KHELMA
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PART-VI P.S. KATIGORAH DIST. CACHAR ASSAM.
2:MD. FARUK AHMED LASKAR
S/O NIMAL ALI LASKAR R/O VILL. GOASAIPARA PAT-I P.S. UDHARBOND DIST. CHCHAR ASSAM. 3:MD. MAKABIR ALI MAZUMDAR
S/O M.A. MAZUMDAR R/O VILL. GOSAIPUR MADURAPUR P.S. UDHARBOND DIST. CACHAR ASSAM. -----------Advocate for : MR. K K BHATTA Advocate for : MR. M TALUKDAR appearing for SMTI MAYNA RANI DAS and 2 ORS
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 19.07.2022
Heard Mr. M. Islam, the learned counsel for the Applicant and Mr. K.K. Bhatta, the learned counsel appearing on behalf of the Respondent.
This Court vide an order dated 21/12/2017 in I.A. C) No.2480/2017 had permitted the Appellant to deposit the entire awarded sum before the Registry of this Court.
It is submitted by the learned counsel for the Appellant that the Appellant had already deposited the entire amount alongwith interest before the Registry of this Court.
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This is an application filed on behalf of the claimant for release of the awarded amount along with interest.
Having heard the learned counsel for the parties, this Court disposes off the instant application by permitting the Applicant, who is the claimant to withdraw 50% of the amount by filing an application before the Registry of this Court and the Registry of this Court shall permit the release of 50% of the amount alongwith interest to the claimant.
The IA stands disposed off accordingly.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the claimant is permitted to withdraw half of the awarded amount deposited by the appellant.
Whether the registry shall permit the release of 50% of the amount along with interest to the claimant.
SMTI. MAYNA RANI DAS
M/S NEW INDIA ASSURANCE CO. LTD
MD. FARUK AHMED LASKAR
MD. MAKABIR ALI MAZUMDAR
DEVASHIS BARUAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
