The court allowed an application seeking leave to withdraw 50% of an awarded amount deposited by the Oriental Insurance Company under a prior stay order, as the respondent had no objection.
Leave was granted to withdraw 50% of the deposited awarded amount; registry directed to release funds.
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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GAHC010001032024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/63/2024
SMTI. EVA DUTTA
SISTER OF LATE GAHIN DUTTA, R/O VILL-DHULIAPARA, SIMALUTOL TINIALI, P.S. AND DIST-SIVASAGAR, ASSAM
VERSUS
ORIENTAL INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27, ASAF ALI ROAD, NEW DELHI-110002 AND REGIONAL OFFICE AT GUWAHATI-781007 (REPRESENTED BY ITS REGIONAL MANAGER)
Advocate for the Petitioner : MR D MONDAL
Advocate for the Respondent : MR S DUTTA
Linked Case : I.A.(Civil)/1302/2021
ORIENTAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AR ORIENTAL HOUSE A-25/27 ASAF ALI ROAD NEW DELHI-110002 AND REGIONAL OFFICE AT GUWAHATI-7 REPRESENTED BY THE REGIONAL MANAGER
VERSUS
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SMTI. EVA DUTTA AND 2 ORS. SISTER OF LATE GAHIN DUTTA R/O VILL-DHULIAPAR SIMALUTOL TINIALI P.S.-SIVASAGAR ASSAM TEMP. R/A LICHU BAGAN HENGRABARI GUWAHATI DIST-KAMRUP(M) ASSAM 2:RAJA DUTTA S/O SRI HEMADHAR DUTTA R/O VILL-MOTHADANG GAON P.S.-SIVASAGAR P.O.-DHULIAPAR SIVASAGAR DIST-SIVASAGAR ASSAM (DRIVER OF THE VEHICLE NO. AS-04-B-6298) 3:HEMADHAR DUTTA S/O LATE BISTU DUTTA R/O VILL-MOTHADANG GAON P.S.-SIVASAGAR P.O.-DHULIAPAR SIVASAGAR DIST-SIVASAGAR ASSAM (OWNER OF VEHICLE NO. AS-04-B-6298) -----------Advocate for : MR SISHIR DUTTA Advocate for : appearing for SMTI. EVA DUTTA AND 2 ORS.
BEFORE
HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
Date : 12-03-202
Heard Mr. D. Mondal, learned counsel for the applicant and also heard Mr. S. Dutta, learned counsel for the opposite party/appellant.
It is submitted that by order dated 9/9/2021 passed in I.A.(Civil)
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1302/2021, this Court while passing an order for stay of the operation of the order dated 20/4/2021 passed by the learned Additional District Judge No.2 cum Member, Motor Accident Claims Tribunal, Kamrup Guwahati in MAC Case No.1212/2014 has directed the appellant/opposite party to deposit 50% of the awarded amount before the Registry of this Court. The order further says that the amount so deposited shall not be withdrawn without the leave of this Court. And in compliance of the said direction, the appellant had deposited the amount of Rs.3,65,973/- before the Registry of this Court on 8/10/2021.
By this application, the applicant/claimant is seeking a leave of this Court and prays for allowing them to withdraw the said 50% of the awarded amount deposited by the appellant in compliance of the order dated 9/9/2021 in I.A.(Civil) 1302/2021.
The learned counsel for the opposite party/appellant has no objection to the release of the 50% of the awarded amount deposited by the Insurance Company.
In view of above, this application for withdrawal of the 50% of the awarded amount deposited by the appellant is allowed.
Accordingly, the registry is directed to release 50% of the awarded amount deposited by the appellant to the applicant/claimant on proper identification by their learned counsel.
With the above, this I.A stands allowed and disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the applicant is entitled to withdraw 50% of the awarded amount deposited by the respondent under the earlier court order.
1 provisions across 1 enactments
Smti. Eva Dutta
Budi Habung
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
