National Insurance Co. Ltd vs Smt Savitri Das And 5 Ors
2022 Latest Caselaw 3157 Gua

                                                                Page No.# 1/3

GAHC010002832017




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




         I.A.(Civil)/615/2018

         NATIONAL INSURANCE CO. LTD.
         SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA
         REGISTERED HEAD OFFICE AT 3
         MIDDLETON STREET
         CALCUTTA 700071 REPRESENTED BY THE ASSTT. MANAGER
         GAUHATI REGIONAL OFFICE
         BHANGAGARH
         GUWAHATI 781005


          VERSUS

         SMT SAVITRI DAS and 5 ORS
         HORILAL BASTI
         P.S. DIPHU
         DIST. KARBI ANGLONG
         ASSAM
         PIN 782460

         2:MD. ISLAM UDDIN (OWNER)
         HORILAL BASTI
          P.S. DIPHU
          DIST. KARBI ANGLONG
         ASSAM
          PIN 782460
          3:MD. SAIFUDDIN HUSSAIN (DRIVER)
         HORILAL BASTI
          P.S. DIPHU
          DIST. KARBI ANGLONG
         ASSAM
          PIN 782460
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              4:M/S ORIENTAL INSURANCE CO. LTD.
              GAUHATI REGIONAL OFFICE
              ULUBARI
              PALTANBAZAR
              GUWAHATI
              KAMRUP (M)
              ASSAM
              PIN 781007
              5:RAJENDRA PRASAD GUPTA (OWNER)
              DHING GATE
              HAIBARGAON
              DIST. NAGAON
              ASSAM
              PIN 782002
              6:LAL BABU MISHRA (DRIVER)
              HAIBARGAON
              DIST. NAGAON
              ASSAM
              PIN 782002
              ------------
              Advocate for : MS. R D MOZUMDAR
              Advocate for : MR. Y S MANNAN (R1) appearing for SMT SAVITRI DAS and 5
              ORS


              In MACApp./117/2018


                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                          ORDER

23.08.2022.

Heard Mrs. R.D. Mozumder, learned counsel for the applicant. Also heard the learned counsel for the respondents. In view of the order passed in MAC App No. 100/2013, it is hereby directed that the Judgment and Order passed on 23.06.2017, by the learned Additional District Judge No. 3, Kamrup (M), Guwahati, in MAC Case No. 100/2013, shall remain stayed till disposal of the appeal subject to withdrawal of 50% to the respondents by the appellant before the Page No.# 3/3

Registry of this Court within 6 (six) weeks from today.

The claimant shall be at liberty to file appropriate application before the Registry of this Court for withdrawal of the said amount. The claimants on filing an application for withdrawal of the said amount, the Registry shall release 50% to the claimant.

The Insurance Company shall deposit the amount within 6 (six) weeks from today.

The deposited amount by the Insurance Company may be released to the claimant on proper identification.

I.A. Stands disposed of accordingly.

JUDGE

Comparing Assistant