The Gauhati High Court allowed an application seeking direction to withdraw 40% of the deposited award amount by the opposite party, directing release upon execution of a bond.
Direction to release 40% of awarded amount deposited by respondent upon execution of a bond of like amount after verification.
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GAHC010275422023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3632/2023
SAJEDA KHATUN AND 4 ORS. W/O LATE ROFIQUL ISLAM, VILL.- KARBALA, P.O.- BOBINDAPUR, P.S.- GOALPARA, DIST.- GOALPARA, ASSAM, PIN- 783101.
2: ROFIKA BEGUM MINOR REP. BY RESPONDENT NO. 1 D/O LATE ROFIQUL ISLAM
VILL.- KARBALA
P.O.- BOBINDAPUR P.S.- GOALPARA
DIST.- GOALPARA ASSAM PIN- 783101.
3: SANIDUL ISLAM MINOR REP. BY RESPONDENT NO. 1 S/O LATE ROFIQUL ISLAM
VILL.- KARBALA
P.O.- BOBINDAPUR P.S.- GOALPARA
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DIST.- GOALPARA ASSAM PIN- 783101. 4: SAJAHAN ALI MINOR REP. BY RESPONDENT NO. 1 S/O LATE ROFIQUL ISLAM VILL.- KARBALA P.O.- BOBINDAPUR P.S.- GOALPARA DIST.- GOALPARA ASSAM PIN- 783101. 5: FARHANA AHMED MINOR REP. BY RESPONDENT NO. 1 D/O LATE ROFIQUL ISLAM VILL.- KARBALA P.O.- BOBINDAPUR P.S.- GOALPARA DIST.- GOALPARA ASSAM PIN- 783101 VERSUS
NATIONAL INSURANCE COMPANY LTD. AND 2 ORS. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S. ROAD, GUWAHATI- 781005 REPRESENTED BY THE CHIEF REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE.
2:ARINDAM SARKAR S/O LATE AMAR KR. SARKAR
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R/O WARD NO. 4 GOURIPUR P.O.- GAURIPUR P.S.- GOURIPUR DIST.- DHUBRI ASSAM PIN- 783331. 3:ASHRAFUL HOQUE S/O MIAZUDDIN VILL.- GERAMARI PT- 1 P.O.- GAURIPUR P.S.- GOURIPUR DIST.- DHUBRI ASSAM PIN- 783331
Advocate for the Petitioner : MR. P HAZARIKA
Advocate for the Respondent : MR T KALITA
BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
Date : 05-03-2024
Heard Mr. P. Hazarika, learned counsel for the applicant/respondent(claimant). I have also head Mr. T. Kalita, learned counsel for the opposite party /appellant and Mrs. K. Devi, learned counsel on behalf of respondent no. 7.
This is an application filed by the applicant praying for a direction to allow the applicant/claimant to withdraw 40% of the awarded amount deposited
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by the opposite party/appellant before the Registry of this Court.
By an order dated 03.05.2023, this Court while staying the operation of the impugned judgment and award dated 10.01.2023 had directed the opposite party/appellant to deposit 40 % of the awarded amount before the Registry of this Court. In compliance of the said order dated 03.05.2023, the opposite party/appellant, i.e., National Insurance Company Limited had deposited an amount of Rs.6,40,320/- before the Registry of this Court on 09.06.2023.
By this application, the applicant seeks for a direction for release of the said amount. The opposite party /appellant has no objection to the release of the 40% of the awarded amount, however submits that the amount may be released on execution of bond.
In view of the above, the applicant/claimant is allowed to withdraw 40% of the awarded amount deposited by the National Insurance Company Limited.
The Registry is directed to release 40 % of the awarded amount deposited by the National Insurance Company Limited to the applicant/claimant, Sajeda Khatun, after proper verification and identified by their learned counsel and on execution of a bond of like amount.
With the above, this IA stands allowed and disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to withdraw 40% of the amount deposited by the opposite party on execution of a bond.
Sajeda Khatun and 4 Ors.
National Insurance Company Ltd. and 2 Ors.
Budi Habung
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
