Sahid Ali v. M/S Shriram General Insurance Company Limited

ORDER Date : 26-02-2024 Heard Mr. D. Mondal, learned counsel for the applicant/respondent No.1. I have also heard Mr. P. Hazarika, learned counsel for the opposite party/ appellant. Page No.# 2/3 By this application the applicant is seeking direction of this Court to release 50% of the awarded money deposited by the opposite party/appellant in compliance of the order dated 13.12.2023, passed in I.A. C) 3687/2023. By an order dated 13.12.2023 this Court while staying the operation of the judgment and award dated 11.09.2023 passed by the learned Member MACT No. 2 Karmup (M) Guwahati in MAC Case No. 1833/2020 has directed for depositing the 50% of the awarded amount before the Registry of this Court within 6(six) weeks form the said date. In compliance of the said order the appellant/opposite party had deposited an amount of Rs. 12,072, 21/- (Rupees twelve lakhs seventy two thousand and twenty one) only before the Registry of this Court on 19.01.2024. By this application the applicant/respondent is seeking direction for release of the said amount deposited by the opposite party/appellant. The learned counsel for the opposite party/appellant has no objection for the release of he said amount provided the applicant/respondent furnish an indemnity bond. In view of the above, the Registry is directed to release the said 50% of the awarded amount so deposited by the opposite party/appellant to the applicant/respondent, subject to the necessary verification and upon furnishing an indemnity bond of like amount. At this stage, the learned counsel for the applicant/respondent also prays for a direction of this Court to deposit the sum of Rs.2,00,000/- (Rupees two lakhs) only in fixed deposit in the name of the applicant for 3 (three) years. Prayer is allowed. The Registry shall do the needful. With observation made above the I.A. stands disposed of. Page No.# 3/3

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010030742024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/482/2024 SAHID ALI S/O LATE MAFIZ ALI, VILL.- AMINGAON MARIAPATTY, P.O.- AMINGAON, PIN- 781031, P.S.- NORTH GUWAHATI, DIST.- KAMRUP, ASSAM. VERSUS M/S SHRIRAM GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED HEAD OFFICE AT E-8, EPIP, SITAPURA INDUSTRIES AREA, JAIPUR, RAJASTHAN- 302022 WITH ONE OF ITS BRANCH OFFICE AT B.R. ARCHADE, 3RD FLOOR, ULUBARI, GUWAHATI- 781007, (REP. BY ITS ASSISTANT MANAGER (LEGAL). Advocate for the Petitioner : MR D MONDAL (R Advocate for the Respondent : MR. P HAZARIKA BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG