The Gauhati High Court allowed an application by Oriental Insurance Company Ltd. for the withdrawal of the statutory deposit of Rs. 25,000/- made for filing an appeal which had been disposed of earlier.
The applicant was allowed to withdraw the statutory amount of Rs. 25,000/- deposited at the time of filing the MAC Appeal No. 74/2021.
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GAHC010182192026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/94/2026
THE ORIENTAL INSURANCE CO LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956. REPRESENTED BY ITS REGIONAL MANAGER ULUBARI GUWAHATI-7. VERSUS
SRI BHAGO RAM BORO S/O- LATE GARGA RAM BORO R/O- VILLAGE- WARD NO. 4 CHITRANAGAR P.S.- TANGLA DISTRICT- UDALGURI BTAD ASSAM. PIN- 784521 PRESENT ADDRSS C/O SRI MONMOHAN KALITA
HOUSE NO. 34 BYE LANE 3R JOYANAGAR CHARIALI MANDIR PATH JAWAHARNAGAR KHANAPARA GUWAHATI 22 DIST KAMRUP M ASSAM
2:SRI PRABHU AGARWAL
PROPRIETOR OF M/S PRABHU AGARWAL
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8 NO. SETHI TRUST BUILDING G.S. ROAD BHANGAGARH GUWAHATI DISTRICT- KAMRUPM ASSAM. PIN- 781005 OWNER OF THE VEHICLE NO. AS-01/DD3044 3:SRI TIRTHA SUTRADHAR S/O- SRI. KHAGEN SUTRADHAR R/O- VILLAGE- PANERYHAT P.O.- PANERYHAT P.S.- PANERY DISTRICT- UDALGURI BTAD ASSAM. PIN- 784523 DRIVER OF THE VEHICLE NO. AS-01/DD3044 4:THE UNITED INDIA INSURANCE CO LTD . MOTOR TP HUB GUWAHATI REGIONAL OFFICE G.S. ROAD DISPUR GANESHGURI GUWAHATI-06 ASSAM. INSURER OF VEHICLE NO. AS-17-5530 -----------Advocate for : MR. S K GOSWAMI Advocate for : appearing for SRI BHAGO RAM BORO
BEFORE
HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER
ORDER
16.09 . 2026
Heard Mr. S. Sharma, learned counsel appearing for the applicant.
2. The instant application has been preferred by Oriental Insurance Company Ltd. as the applicant, praying for withdrawal of the statutory amount of Rs. 25,000/- deposited before the Registry of this Court for preferring an appeal against the judgment and award dated 11.12.2025 passed by the learned MACT No. 3, Kamrup (M), Guwahati, in MAC Case No. 1510/2016.
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3. It is the submission of the learned counsel for the applicant had filed MAC Appeal No. 74/2021 before this Court against the judgment and award dated 19.01.2021 passed by the learned MACT No.3, Kamrup (M), Guwahati, in MAC Case No. 1510/2016.
4. After hearing the parties, MAC Appeal No. 74/2021 was disposed of vide judgment and order dated 11.12.2025, by modifying the award.
5. In view of the disposal of the said appeal, the applicant prays that he may be allowed to withdraw the statutory amount of Rs.25,000/- which is deposited by the applicant at the time of filing the appeal.
6. In view of the fact that MAC Appeal No. 74/2021 had already been disposed of vide order dated 11.12.2025, the instant application is allowed. The Registrar shall allow the applicant to withdraw the statutory amount of Rs. 25,000/- which was deposited at the time of filing the MAC Appeal No. 74/2021.
7. This application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether an applicant praying for withdrawal of the statutory deposit made for preferring an appeal against an impugned judgment is entitled to be granted the relief.
Oriental Insurance Co Ltd
Sri Bhago Ram Boro
United India Insurance Co Ltd
Yarenjungla Longkumer
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
