Page No.# 1/3
GAHC010258952019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1156/2020
MINALI KALITA
W/O LT. KHAGEN KALITA
VILL. GASBARI
P.S. MORIGAON
DIST. MORIGAON
ASSAM
VERSUS
THE STATE OF ASSAM AND 2 ORS
REP. BY THE SECRETARY GOVT. OF ASSAM
DISPUR
GUWAHATI-6
ASSAM
2:THE DIRECTOR GENERAL OF POLICE
ULUBARI GUWAHATI
ASSAM
PIN-781007
3:THE SUPERINTENDENT OF POLICE
DIST. MORIGAON
ASSAM
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Advocate for : MR. B K JAIN
Advocate for : MR. R D CHOUDHURY appearing for THE STATE OF ASSAM
AND 2 ORS
Linked Case No. MACApp./10/2021
THE STATE OF ASSAM AND 2 ORS
REP. BY THE SECRETARY GOVT. OF ASSAM, DISPUR, GUWAHATI-6, ASSAM
VERSUS
MRS. MINALI KALITA AND ANR
W/O LT. KHAGEN KALITA, VILL. GASBARI, P.S. MORIGAON, DIST.
MORIGAON, ASSAM
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Advocate for the Petitioner : MR. R D CHOUDHURY
Advocate for the Respondent :
Linked Case : I.A.(Civil)/3765/2019
THE STATE OF ASSAM AND 2 ORS
REP. BY THE SECRETARY GOVT. OF ASSAM
DISPUR
GUWAHATI-6
ASSAM
2: THE DIRECTOR GENERAL OF POLICE
ULUBARI GUWAHATI
ASSAM
PIN-781007
3: THE SUPERINTENDENT OF POLICE
DIST. MORIGAON
ASSAM
VERSUS
MRS. MINALI KALITA AND ANR
W/O LT. KHAGEN KALITA
VILL. GASBARI
P.S. MORIGAON
DIST. MORIGAON
ASSAM
2:MAHMMAD ALI
S/O LT. NABI HUSSAIN
VILL. SINGARI MADRASA GAON
P.O. SINGARI
P.S. JURIA
DIST. NAGAON
ASSAM
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Advocate for : MR. R D CHOUDHURY
Advocate for : appearing for MRS. MINALI KALITA AND ANR
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BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 27.01.2021 Heard Mr. B. K. Jain, learned counsel appearing on behalf of the applicant/claimant.
Also heard Mr. A. Chakraborty, learned counsel, appearing on behalf of the appellant/Insurance Company.
This is an interlocutory application, praying for allowing the applicant/claimant to withdraw the deposited amount of Rs. 21,72,013/- from the MACT, Morigaon, Assam, which amount had been deposited by the appellant/Insurance Company in pursuance of the judgment and award, dated 30.11.2018, passed by the learned Member, MACT, Morigaon, Assam, in MAC. Case No. 56/2017.
The aforesaid amount is the 50% of the awarded amount in the said MAC. Case No. 56/2017, against which, an appeal has been preferred by the appellant/Insurance Company before this Court, being MAC. A. 10/2021, which has been admitted by an order of this Court passed, today.
Upon hearing the learned counsels appearing for the parties, this interlocutory application is hereby allowed and the applicant/claimant is permitted to withdraw the aforesaid deposited amount of Rs. 21,72,013/- from the MACT, Morigaon, Assam, on being properly identified by following the due process of identification as notified by the Registry of this Court, from time to time.
The interlocutory application stands allowed and accordingly stands disposed of the engaged counsel.
JUDGE Comparing Assistant