M/S New India Assurance Co. Ltd vs Musstt. Rahena Begum And 7 Ors
2022 Latest Caselaw 3183 Gua

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GAHC010137522015




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


          I.A.(Civil)/2098/2022

         M/S NEW INDIA ASSURANCE CO. LTD
         HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87
         MAHATMA GANDHI ROAD
         FORT
         MUMBAI 400001 WITH ONE ITS REGIONAL AT G.S. ROAD
         BHANGAGARH
         GUWAHATI 781005
         REPRESENTED BY ITS CHIEF REGIONAL MANAGER.


          VERSUS

         MUSSTT. RAHENA BEGUM and 7 ORS

         W/O LATE SUKUR ALI and ABDUL SARKAR

         2:MD. SABEL AHMED MINOR

          3:MD. SHAMIM AHMED MINOR

          4:MISS SHAHENA BEGUM MINOR

          5:MD. AJHAR AHMED MINOR

         6:MISS SARJANA BEGUM MINOR
         RESPONDENT NO. 2 TO 6 ARE THE SONS AND DAUGHTER OF LATE SUKUR
         ALI and ABDUL SUKUR AND BEING MINORS THEY ARE REPRESENTED BY
         THEIR MOTHER AND GUARDIAN RESPONDENT NO. 1 MUSSTT. RAHENA
         BEGUM ALL ARE R/O VILL. LAPASAIL
         P.O. LAKSHMI BAZAR VIA KARIMGANJ 788710
         P.S. and DIST. KARIMGANJ
         ASSAM.
         7:BLASHANSKHEM KSHIER
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              S/O M.L. NONGBRI OF UMPHRUP SMTI SHILLONG
              P.O. SHOLLONG 793001
              DIST. EAST KHAKI HILLS
              MEGHALAYA
              ------------
              Advocate for : MR. A AHMED
              Advocate for : MS D KALITA appearing for MUSSTT. RAHENA BEGUM and 7
              ORS

              IN MAC APP. 406/2022



                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                         ORDER

24.08.2022.

Heard the learned counsel for both the sides. In view of the order passed in MAC App. No. 1912/2009, it is hereby directed that the Judgment and Order passed on 11.03.2014, by the learned MACT, Cachar at Silchar, in MAC Case No. 1912/2009, shall remain stayed till disposal of the appeal subject to withdrawal of 50% to the respondents by the appellant before the 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. It is further submitted by the learned counsel for the claimant/respondent that children of the claimant No. 1(other claimants) Page No.# 3/3

have already attained their majority and hence all the claimants may be allowed to withdraw the money.

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

I.A Stands disposed of accordingly.

JUDGE

Comparing Assistant