Subash Nayak And Anr vs Oriental Insurance Co. Ltd
2025 Latest Caselaw 197 Gua

Gauhati High Court

Subash Nayak And Anr vs Oriental Insurance Co. Ltd on 5 May, 2025

                                                                         Page No.# 1/4

GAHC010019222024




                                                                  undefined

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

                                Case No. : I.A.(Civil)/433/2024

            SUBASH NAYAK AND ANR.
            S/O LATE RAMESH NAYAK @ LT. RAM CHANDU NAYAK,
            R/O SAMDANG T.E., LINE NO. 22,
            P.O.- SAMDANG,
            P.S.- DOOMDOOMA,
            DIST.- TINSUKIA, ASSAM, PIN- 786151.



            VERSUS

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



Advocate for the Petitioner   : MR D MONDAL,

Advocate for the Respondent : MRS. M CHOWDHURY,




             Linked Case : MACApp./672/2022

            ORIENTAL INSURANCE CO. LTD.
            HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE
            A-25/27
            ASAF ALI ROAD
            NEW DELHI 110002
            AND REGIONAL OFFICE AT GUWAHATI- 7
                                                                      Page No.# 2/4

         REP. BY THE REGIONAL MANAGER.


         VERSUS

         SUBASH NAYAK AND ANR.
         S/O LATE RAMESH NAYAK @ LT. RAM CHANDU NAYAK

         R/O SAMDANG T.E.
         LINE NO. 22

         P.O.- SAMDANG

         P.S.- DOOMDOOMA

         DIST.- TINSUKIA
         ASSAM
         PIN- 786151.

         2:BIJOY ROY
         S/O BIMAL ROY

         R/O DOOMDOOMA TOWN BHARAT BHUMI PATH

         P.O. AND P.S.- DOOMDOOMA

         DIST.- TINSUKIA
         ASSAM
         PIN- 786151.
         ------------
         Advocate for : MS. M CHOUDHURY
         Advocate for : MR D MONDAL (R-1) appearing for SUBASH NAYAK AND ANR.



                              BEFORE
                  HONOURABLE MR. JUSTICE BUDI HABUNG

                                     ORDER

Date : 05.05.2025

Heard Mr. D. Mondal, learned counsel for the applicant. Also heard Mrs. M. Choudhury, learned counsel appearing on behalf of the opposite party/appellant.

Page No.# 3/4

This is an application seeking direction to the Registry of this Court to release of the amount deposited by the appellant.

By an order dated 14.09.2022 while staying the operation of the impugned judgment and order dated 22.06.2022, passed by the Member, MACT, Tinsukia in MAC. Case No.3/2018, this Court directed the opposite party/ appellant to deposit 50% of the total awarded amount before the Registry of this Court.

In compliance of the said direction, the opposite party/appellant deposited Rs.4,67,000/-(Rupees Four Lakhs Sixty Seven Thousand only) being the 50% of the total awarded amount before the Registry of this Court.

By this application the applicant/claimant is seeking direction to the Registry of this Court to release the said deposited 50% of the total awarded amount to the applicant/claimant.

Mrs. M. Choudhury, learned counsel appearing on behalf of the opposite party/appellant earlier prayed for filing objection. However, more than 10 months have passed since then, but no objection has been filed till date.

It appears that the opposite party/appellant is not willing to file any objection. However, Mrs. M. Choudhury, learned counsel verbally objected the release of the amount.

Upon hearing the parties and on consideration, this Court is of the view that since, this is a death case, the 50% of the total awarded amount deposited by the appellant can be released to the applicant/claimant on furnishing adequate bond.

Page No.# 4/4

Accordingly, this application is allowed.

The Registry is directed to release the deposited amount of Rs.4,67,000/-(Rupees Four Lakhs Sixty Seven Thousand only) being the 50% of the total awarded amount to the applicant/claimant on furnishing bond of like amount, however, on proper identification by their counsel.

With the above, this I.A stands disposed.

JUDGE

Comparing Assistant