Page No.# 1/3
GAHC010234582022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3419/2022
SMTI MINAKSHI BARUAH AND ANR.
W/O LATE MUKUNDA MADHAB BARUAH,R/O VILL. AMGAON, NANDAN
PATH, NARENGI, P.S. NOONMATI, GUWAHATI 781026, DIST. KAMRUP M,
ASSAM PRESENTLY R/O C/O SRI ARUN CH. DEKA, NOONMATI, HOUSE NO.
50, SANKAR NAGAR, P.O. AND P.S. NOONMATI, GUWAHATI 781020, DIST.
KAMRUP M, ASSAM
2: KAUTILYA DARSHAN BARUAH
S/O LATE MUKUNDA MADHAB BARUAH
R/O VILL. AMGAON
NANDAN PATH
NARENGI
P.S. NOONMATI
GUWAHATI 781026
DIST. KAMRUP M
ASSAM PRESENTLY R/O C/O SRI ARUN CH. DEKA
NOONMATI
HOUSE NO. 50
SANKAR NAGAR
P.O. AND P.S. NOONMATI
GUWAHATI 781020
DIST. KAMRUP M
ASSA
VERSUS
THE SRI RAM GENERAL INSURANCE COMPANY LTD AND 2 ORS.
1000-E/8 RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR RAJASTHAN 302022
AND HAVING A BRANCH OFFICE AT B. R. ARCADE, 3RD FLOOR, 21
JANAPATH, ULUBARI, GUWAHATI 781007 REPRESENTED BY ITS LEGAL
OFFICER
2:MD. RAHIJUDDIN ALI @ RAHIJULUDDIN ALI
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S/O LATE JOWAUDDIN ALI @ JOWAN UDDIN
R/O VILL. 1 NO. BAMUNBARI
P.S. BOKO
DIST. KAMRUP R
ASSAM
PINCODE 781123 PRESENT ADDRESS SATGAON
TALTOLABASTI
P.S. SATGAON
GUWAHATI 781027
DIST. KAMRUP M
ASSAM.
3:SHUSHIL ROY
S/O SOILEN CH. ROY
C/O HARENDRA NATH BORA
TANGLA SATRA PATH
BYE LANE NO. 2 H/N 3
JAYANAGAR
GUWAHATI 781022
DIST. KAMRUP M
ASSAM
Advocate for the Petitioner : MR. R BORUAH
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
01.12.2022 Heard Mr. R. Boruah, learned counsel for the applicant and Ms. P. Borthakur, learned counsel appearing on behalf of the opposite party/ Insurance Company. By this Interlocutory application under Section 151 of CPC, the applicants/respondent Nos.1 and 2 of the connected MAC Appeal have prayed for release of the deposited amount of Rs.11,26,740/- to the applicant /respondent which has been deposited by the Insurance Company in view of the Page No.# 3/3 order dated 28.07.2022 passed by this Hon'ble Court in I.A.(C) No. 2057/2022. Ms. P. Borthakur, learned counsel appearing on behalf of the opposite party/ Insurance Company has no objection on the prayer made by the applicant. Having heard the learned counsel for the parties and on perusal of the averments made in paragraph Nos. 4 and 5 of the instant application, Registry is directed to release the deposited amount of Rs. 11,26,740/- while preferring the connected MAC App No. 373/2022 against the judgment and award dated 27.07.2016 passed by the learned Member MACT No.2, Kamrup(M) in MAC Case No. 1854/2013 in favour of applicant/respondent No.1, namely, Minakshi Baruah on execution of bond subject to her proper identification. Accordingly, the Interlocutory Application stands disposed of.
JUDGE Comparing Assistant