Page No.# 1/3 vs The Sri Ram General Insurance ...
2022 Latest Caselaw 4736 Gua

                                                                  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
                                                                             Page No.# 2/3

             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