Page No.# 1/2 vs United India Insurance Company ...
2023 Latest Caselaw 2606 Gua

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GAHC010084272022




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

                               Case No. : I.A.(Civil)/1645/2022

            SMT RUNUMA KALITA AND 3 ORS
            W/O. SRI MANOHAR KALITA

            2: MANOHAR KALITA
             F/O. LATE BASANTA KALITA

            3: MALABIKA KALITA
             D/O. MANOHAR KALITA

            4: SANGITA KALITA
             D/O. MANOHAR KALITA. ALL ARE RESIDENT OF HOUSE NO. 88
             PATARKUCHI
             NEAR DURGA MANDIR
             BASISTHA CHARIALI
             P.O. AND P.S. BASISTHA
             DISTRICT- KAMRUP(M)
            ASSAM
             PIN-78102

            VERSUS

            UNITED INDIA INSURANCE COMPANY LTD
            REGISTERED HEAD OFFICE AT 24 WHITES ROAD,
            CHENNAI -600014 REPRESENTED BY THE DEPUTY MANAGER, GAUHATI
            REGIONAL OFFICE, BHANGAGARH, GUWAHATI-781005



Advocate for the Petitioner   : MR D MONDAL

Advocate for the Respondent : MRS. R D MAZUMDAR
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                                      BEFORE
                       HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                      ORDER

Date : 19.06.2023

Heard Mr. D. Mondal, the learned counsel appearing on behalf of the Applicants and Ms. R. D. Mozumdar, the learned counsel appearing on behalf of the Opposite Party.

2. The instant application has been filed praying for a direction upon the Registry to release the amount of Rs.2,50,000/- which was deposited by the Opposite Party/Appellant pursuant to the order dated 30.10.2019 passed in I.A. (Civil) No.1343/2018. To the said application, there is an objection filed by the Opposite Party/Appellant.

3. Upon perusal of the impugned judgment and award dated 25.09.2017 passed in MAC Case No.1333/2013, this Court is of the opinion that the ends of justice would be met if the amount of Rs.2,50,000/- so deposited by the Opposite Party/Appellant before the Registry of this Court is directed to be released in favour of the Applicants subject to necessary verifications by the Registry.

4. The Registry shall release the said amount upon proper verification and indemnity bond being submitted by the Applicants in that regard.

5. With above, IA stands disposed of.

JUDGE

Comparing Assistant