Mohini Moshahary And 3 Ors vs Reliance General Insurance Co Ltd
2025 Latest Caselaw 1859 Gua

Gauhati High Court

Mohini Moshahary And 3 Ors vs Reliance General Insurance Co Ltd on 9 January, 2025

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GAHC010000472025




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

                                 Case No. : I.A.(Civil)/74/2025

            MOHINI MOSHAHARY AND 3 ORS
            W/O. SUBOT MOSHAHARY, R/O. VILL.- MANSHALGAON, P/O. KALIBARI
            BAZAR, P/S. DIST. KOKRAJHAR, PIN-783370, BTAD, ASSAM.

            VERSUS

            RELIANCE GENERAL INSURANCE CO LTD
            HAVING ITS REGISTERED OFFICE AT 19 RELIANCE CENTRE, WALCHAND
            HARICHAND MARG, BILLARD ESTATE, MUMBAI-400001 AND ONE OF ITS
            BRANCH OFFICE AT BHANGAGARH, G.S. ROAD, GUWAHATI.

Advocate for the Petitioner   : MR. R ALI, MR H A AHMED

Advocate for the Respondent : MR. K K BHATTA,

             Linked Case : MACApp./593/2024

            RELIANCE GENERAL INSURANCE CO LTD
            HAVING ITS REGISTERED OFFICE AT 19 RELIANCE CENTRE
            WALCHAND HARICHAND MARG
            BILLARD ESTATE
            MUMBAI-400001 AND ONE OF ITS BRANCH OFFICE AT BHANGAGARH
            G.S. ROAD
            GUWAHATI.

             VERSUS

            MOHINI MOSHAHARY AND 3 ORS
            W/O. SUBOT MOSHAHARY
            R/O. VILL.- MANSHALGAON
            P/O. KALIBARI BAZAR
            P/S. DIST. KOKRAJHAR
            PIN-783370
            BTAD ASSAM.
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             2:DIPANKAR DAS
             S/O. ANIL DAS
              R/O. VILL.- NIZ CHAKABAUSHI
              P/S. SARBHOG
              PIN-781317
              DIST. BARPETA ASSAM.

             3:NAYANMONI MUSHAHARY
             S/O. SUBOT MOSHAHARY
             R/O. VILL.- MANSHALGAON
             P/O. KALIBARI BAZAR
             P/S. DIST. KOKRAJHAR
             PIN-783370
             BTAD ASSAM.

              4:HIRUMONI KHERKATARY
             D/O. LATE SUBOT MMASHARY
             W/O. RUKI KHERKATARY R/O. VILL.- BENNIBARI
              P/S. GOBARDHANA
              DIST. BAKSA
              PIN-781316
             ASSAM.
              ------------
             Advocate for : MR. K K BHATTA
             Advocate for : MR. R ALI (R- 1
             3
             4) appearing for MOHINI MOSHAHARY AND 3 ORS

                                   BEFORE
                   HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                      ORDER

Date : 09.01.2025

Heard Mr. H. A. Ahmed, learned counsel for the applicant. Also heard Mr. K. K. Bhatta, learned counsel for the respondent.

By way of this application, the applicant is seeking direction to the Registry of this Court to release the 50% of the awarded amount to the applicant.

Heard the parties and perused the averments made in support of the Page No.# 3/3

instant application.

It appears that this Court vide order dated 20.11.2024, while considering the Interlocutory Application, being I.A.(Civil) 3513/2024, seeking stay of the judgment and order dated 10.09.2024 passed by the learned Member, MACT, Bajali, Pathsala, in MAC Case No. 52/2020, was pleased to stay the operation of the said impugned judgment and award, subject to deposit of 50% of the awarded amount before the Registry of this Court. It further appears that thereafter the opposite party/appellant has deposited an amount of Rs.34,15,463/- (Rupees Thirty Four Lakhs Fifteen Thousand and Four Hundred Sixty Three) only before the Registry of this Court on 23.12.2024. The present application is being filed for releasing the aforesaid amount to the applicant.

Mr. K. K. Bhatta, learned counsel for the respondent/ Insurance Company does not oppose to the said prayer.

In view of the above, the Interlocutory Application is allowed by directing the Registry of this Court to release the deposited 50% of the awarded amount of Rs.34,15,463/- (Rupees Thirty Four Lakhs Fifteen Thousand and Four Hundred Sixty Three) only to the applicant.

The Interlocutory Application is accordingly disposed of.

JUDGE

Comparing Assistant