M/S New India Assurance Co Ltd vs Mrs Mira Ghosh And 3 Ors
2021 Latest Caselaw 1325 Gua

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GAHC010179782020




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 I.A.(Civil)/2006/2020
                              In MACApp. No.255/2015

         M/S NEW INDIA ASSURANCE CO LTD
         HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87
         MAHATMA GANDHI ROAD
         FORT
         MUMBAI 400001
         REGIONAL OFFICE AT GUWAHATI-7


          VERSUS

         MRS MIRA GHOSH AND 3 ORS.
         W/O LATE SADHAN GHOSH

         2:SIDDARTHA GHOSH
         S/O LATE SADHAN GHOSH
          3:SOURAV GHOSH MINOR
         S/O LATE SADHAN GHOSH
         ALL ARE R/O LALGANESH
          PRAATI NAGAR
          P.O. AMBARI
          FATASIL 781025
          GUWAHATI
          DIST. KAMRUP M
         ASSAM.
          4:MADAN DAS

         S/O LATE KHARGESWAR DAS
         R/O VILL. AKADI
         P.S. HAJO
         P.O. HAJO MALIBARI-781102
         DIST. KAMRUP
         ASSAM OWNER OF VEH. NO. AS-01/AA-2778
         ------------
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             Advocate for : MS. M CHOUDHURY
             Advocate for : appearing for MRS MIRA GHOSH AND 3 ORS.



                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

05-04-2021 Heard Ms. M. Choudhury, learned counsel for the applicant/Insurance Company. Also heard Shri D. Mondal, learned counsel for the respondent/claimant.

By this application, a prayer has been made for releasing the statutory deposit of Rs.25,000/- made by the Insurance Company while preferring MAC Appl No. 255/2015. Since the appeal alongwith a cross appeal namely MAC Appl. No. 262/2015 have been disposed of vide the common judgment and order dated 03.03.2020, office is directed to refund the amount of Rs.25,000/-, the statutory deposit which was made at the time of filing of the petition to the Insurance Company.

IA stands disposed.

JUDGE

Comparing Assistant