Smti. Kasang Tissopi v. Union of India and 2 Ors

ORDER

19.06.2024 Heard Shri M. Talukdar, learned counsel for the applicant. Also heard Ms. A. Gayan, learned CGC for the respondent nos. 1 and 2.

¶2It transpires that the opposite party nos. 1 and 2 had filed MACApp./160/2024 in this Court against the judgment and order dated

05.12.2019 by the learned MACT, Karbi Anglong, Diphu in MAC Case No. 1/2018. The aforesaid appeal has been admitted on 13.05.2024.

¶3Shri Talukdar, learned counsel for the applicant has submitted that at least 50% of the awarded amount may be directed to be deposited with a further direction that the same be released to the claimant.

¶4Ms. Gayan, learned CGC however submits that there are good grounds in the appeal which is likely to succeed. She has also submitted that two vehicles were involved and the entire liability has been saddled with the opposite party nos. 1 and 2.

¶5Be that as it may, this Court is of the opinion that interest of justice would be served if 50% of the awarded amount is directed to be deposited in this Court. Accordingly, the opposite party nos. 1 and 2, who are the appellants, are directed to deposit 50% of the awarded amount in the Registry of this Court within a period of 45 days from today. On such deposit, the claimant would be entitled for release of the same on being properly identified by the learned counsel and upon furnishing a bond. Page No.# 3/3

¶6The I.A. accordingly stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010112132024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1720/2024o in ooMACApp./160/2024 SMTI.oKASANGoTISSOPIo W/O-oMDoSAIFUDDINoAHMED,oR/O-oDHARAMNALA,oWARDoNO.o3,oDIPHUo TOWN,oP.O.oDEWANoBASTI,oP.S.oDIPHU,oDIST.-oKARBIANGLONG,oASSAM,o PIN-o782460. VERSUSo UNIONoOFoINDIAoANDo2oORSo REP.oBYoDIRECTORoGENERALoOFoASSAMoRIFLES,oC/O-o99oAPO,oEASTo KHASIoHILLS,oSHILLONG. 2:THEoCOMMANDINGoOFFICER o41oASSAMoRIFLES oC/O-o99oAPO oPIN-o932041. 3:BIMALoSINGHoSAMANTo@oBIMALoSINGHoSAMRATo@oBIMALoSINGHo SAMANI oS/O-oANNoSINGHoSAMANT oC/O-o41oASSAMoRIFLES oC/O-o99oAPOo AdvocateoforotheoPetitionerooooo:oMR.oMoTALUKDARo AdvocateoforotheoRespondento:oMRS.oAoGAYANoo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI