Oriental Insurance Company Ltd vs Ajmal Hussain Laskar @ Ajmal ...
2023 Latest Caselaw 2480 Gua

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GAHC010053142022




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

                                Case No. : MACApp./152/2022

            ORIENTAL INSURANCE COMPANY LTD.
            HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A- 25/27, ASAF
            ALI ROAD, NEW DELHI-110002, AND REGIONAL OFFICE AT GUWAHATI-7,
            REPRESENTED BY THE REGIONAL MANAGER



            VERSUS

            AJMAL HUSSAIN LASKAR @ AJMAL HUSSAIN AND 2 ORS.
            S/O-LATE AHMED ALI LASKAR @ AKHMAD OF RANGIRGHAT, PT-II, PS-
            SONAI, DIST- CACHAR, ASSAM

            2:GOBINDA PAUL
             S/O- GAURANGA PAUL
            VILL- SHANTIPARA
             PO- RONGPUR
             PIN- 788009
             PS- SILCHAR
             DIST- CACHAR
            ASSAM

            3:JAHIR HUSSAIN LASKAR
             S/O- LATE AHMED ALI LASKAR
            VILL- RANGIRGHAT
             PO- GOVINDANAGAR
             PIN- 788119
             PS- SONAI
             DIST- CACHAR
            ASSA

Advocate for the Petitioner   : MR SISHIR DUTTA

Advocate for the Respondent : MR. M TALUKDAR (r-1)
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              Linked Case : I.A.(Civil)/996/2023

             AJMAL HUSSAIN LASKAR @ AJMAL HUSSAIN
             S/O-LATE AHMED ALI LASKAR @ AKHMAD OF RANGIRGHAT
             PT-II
             PS- SONAI
             DIST- CACHAR
             ASSAM
             PIN 788119


              VERSUS

             ORIENTAL INSURANCE COMPANY LTD.
             HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE
             A- 25/27
             ASAF ALI ROAD
             NEW DELHI-110002
             AND REGIONAL OFFICE AT GUWAHATI-7
             REPRESENTED BY THE REGIONAL MANAGER


             ------------
             Advocate for : MR. M TALUKDAR
             Advocate for : MR S DUTTA appearing for ORIENTAL INSURANCE COMPANY
             LTD.



                                     BEFORE
                      HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                                ORDER

Date : --12.06.2023

Heard Mr. M. Talukdar, learned counsel appearing for the Claimant/ applicant. Also heard Mr. S. Dutta, learned counsel for the Opposite party/ appellant.

This is an application praying for necessary order directing the appellant/ Opposite party to deposit 50% of the amount awarded by the learned Member, MACT, Cachar at Silchar vide judgment and order dated 20.12.2021 passed in MAC Case No. 149/2019.

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It is submitted by the learned counsel for the Claimant/ applicant that at the time while allowing the stay order there is no order directing the appellant for depositing 50% of the amount awarded.

Accordingly, this application has been filed praying for a direction to the appellant/ Opposite party to deposit 50% of the awarded amount before the Registry of this Court.

Mr. S. Dutta, the learned counsel for the appellant/ opposite party submitted that he has no objection to the deposit of 50% of the awarded amount.

Accordingly, the petition is allowed.

The appellant/ Opposite party shall deposit 50% of the awarded amount before the Registry of this Court. The Claimant/ applicant will be at liberty to withdraw the same on proper verification/ identification by his engaged counsel. The entire process shall be completed within a period of 6 (Six) months from today.

The Interlocutory application stands disposed of.

JUDGE

Comparing Assistant