Anarkali Devi and Anr v. National Insurance Company Ltd. and 2 Ors

ORDER Date : 01-03-2024 Heard Mr. A.K Gupta, learned counsel for the applicant. I have also heard Ms. L. Sarma, learned counsel for the respondent No. 1. This application has been filed by the applicant for allowing the applicant/respondent to withdraw the amount deposited by the appellant. It is submitted by the learned counsel for the applicant that by an order dated 07.08.2023 passed in I.A.(C) No. 1874/2023 in MAC Appeal No. 255/2023, the respondent/appellant was directed to deposit 50% of the awarded amount before the Registry of this Court and in compliance of the said direction, the respondent/appellant has deposited 50% of the awarded amount before this Registry on 17.08.2023. By this application this application, the applicant seeks a direction to allow her to withdraw the said deposited amount. The learned counsel for the respondent has no objection to the release of the said deposited amount, however, with a condition to furnish an adequate bond. In view of the above, this application is allowed. Page No.# 3/3 The applicant is allowed to withdraw the amount deposited by the appellant/respondent. The Registry is directed to release the amount deposited by the appellant/respondent to the applicant/claimant on proper verification and on being identified by the learned counsel for the applicant on furnishing a bond. With the observation made above, the I.A. stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010039182024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/567/2024o ANARKALIoDEVIoANDoANRo W/OoLATEoHEMoNARAYANoSINGH,o RESIDENToOFoSEPONoBAZAR,oPSoMORANHAT,oPOoSEPON,o785673,oDIST.o CHARAIDEO,oASSAM 2:oSRIoRANJANoKUMARoSINGH oS/OoLATEoHEMoNARAYANoSINGH o RESIDENToOFoSEPONoBAZAR oPSoMORANHAT oPOoSEPON o785673 oDIST.oCHARAIDEO oASSAo VERSUSo NATIONALoINSURANCEoCOMPANYoLTD.oANDo2oORSo HAVINGoITSoREGISTEREDoOFFICEoATo3,oMIDDLETONoSTREET,oKOLKATAo ANDoONEoOFoTHEoREGIONALoOFFICESoKNOWNoASoGUWAHATIoREGIONALo OFFICEoAToGSoROAD,oBHANGAGARH,oGUWAHATIo05 2:SRIoRAJIBoBANIA oS/OoLATEoSUSANoBANIAo RESIDENToOFoSEPONoT.EoBETBARI oPSoMORAN oPOoSEPON o785640 oDIST.oDIBRUGARH oASSAM 3:UTPALoTANTI oS/OoSRIoPAULUSHoTANTI o Page No.# 2/3 RESIDENT OF SEPON BETBARI 15 NO. LINE PS MORAN PO SEPON 785640 DIST. DIBRUGARH ASSA Advocate for the Petitioner : MR. R S MISHRA Advocate for the Respondent : MR. R S MISHRA BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG