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2023 Latest Caselaw 4176 Gua

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GAHC010182442023




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

                         Case No. : I.A.(Civil)/2502/2023

         ASIA BEGUM AND 3 ORS.
         W/O LATE AKRAM ALI,
         R/O NORTH JALUKBARI, KATIA DALANG, A.T. ROAD, P.S.- JALUKBARI,
         DIST.- KAMRUP (M), PIN- 781014.

         2: MD ASHIK EKBAL HUSSAIN
          S/O LATE AKRAM ALI
          R/O NORTH JALUKBARI
          KATIA DALANG
         A.T. ROAD
          P.S.- JALUKBARI
          DIST.- KAMRUP (M)
          PIN- 781014.

         3: MS ANJUMA AFREEN
          D/O LATE AKRAM ALI
          R/O NORTH JALUKBARI
          KATIA DALANG
         A.T. ROAD
          P.S.- JALUKBARI
          DIST.- KAMRUP (M)
          PIN- 781014.

         4: MD EZAJUL HUSAIN
          S/O LATE AKRAM ALI
          R/O NORTH JALUKBARI
          KATIA DALANG
         A.T. ROAD
          P.S.- JALUKBARI
          DIST.- KAMRUP (M)
          PIN- 781014

         VERSUS
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              ICICI LOMBARD GENERAL INSURANCE COMPANY LTD.
              HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT ICICI BANK
              TOWERS, BANDRA KURLA COMPLEX, MUMBAI 400051, ITS ZONAL
              OFFICE AT APEEJAY HOUSE, 15 PARK STREET, 7TH FLOOR, KOLKATA-
              700016, AND A BRANCH OFFICE AT KAMAKHYA TOWER, 3RD FLOOR,
              OFFICE NO. 305 AND 305, G.S. ROAD, GUWAHATI- 781005, ASSAM.


Advocate for the Petitioner   : MR. ABU JAHID

Advocate for the Respondent : MR. R GOSWAMI




                                     BEFORE
                         HONOURABLE MR. JUSTICE NANI TAGIA

                                         ORDER

Date : 09.10.2023

Heard Mr. A. Jahid, learned counsel for the applicants/claimants and Ms. M. Saikia, learned counsel for the opposite party/appellant.

This is an application seeking direction to the opposite party/appellant to deposit 50% of the awarded amount before the Registry of this Court by contending that though this Court, by order dated 16.12.2022, passed in I.A.(Civil) 3710/2022, arising out of MACApp. 835/2022, had stayed the judgment and order dated 09.09.2022, passed by the learned Member, MACT No. 2, Kamrup (M) in MAC Case No. 2973/2016, but the opposite party/appellant was not directed to deposit 50% of the awarded amount before the Registry of this Court.

Under the circumstance, this application has been filed seeking direction to the opposite party/appellant to deposit 50% of the awarded amount before the Registry of this Court.

Ms. M. Saikia, learned counsel for the opposite party/appellant has no objection to the prayer of the applicants/claimants.

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In view of the above, it is further provided that the opposite party/appellant shall deposit 50% of the awarded amount, vide the impugned judgment and order dated 09.09.2022, passed by the learned Member, MACT No. 2, Kamrup (M) in MAC Case No. 2973/2016 within a period of 4 (four) weeks from today.

Accordingly, this I.A. stands disposed of.

JUDGE

Comparing Assistant