ORIENTAL INSURANCE COMPANY LTD. v. RUHINI RAMAN SAIKIA AND 2 ORS.
Court: Gauhati High Court
Bench: HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-14. ORIENTAL INSURANCE COMPANY LTD. v. RUHINI RAMAN SAIKIA AND 2 ORS. Read the judgment and case details on...
Judgment text
Page No. # 1/2 GAHC010172212020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I. A. (Civil)/2057/2020 In MAC Appeal No. 234/2020 ORIENTAL INSURANCE COMPANY LTD. HAVING ITS REGIONAL OFFICE AT GUWAHATI, ULUBARI, GUWAHATI- 781007 REP. BY THE DY. MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI-781007, KAMRUP (M), ASSAM. VERSUS RUHINI RAMAN SAIKIA AND 2 ORS. S/O. LT. TULSI SAIKIA, VILL. BORMUTHARIANI GAON, P. O. KHALIHAMARI, P. S. DHEMAJI, DIST. DHEMAJI, ASSAM, PIN-787057. 2:RAMESH GOGOI S/O. SRI JIBESWAR GOGOI R/O. CHUTIA GAON (DIBRUAL) P. O. DHALPUR P. S. BIHPURIA DIST. LAKHIMPUR ASSAM PIN-784165. (OWNER) 3:NIPUL SAIKIA S/O. LT. THANESWAR SAIKIA VILL. NA ALI MAZ GAON P. O. CHARAIMORIA P. S. BAGINADI DIST. LAKHIMPUR ASSAM PIN-787032 Page No. # 2/2 Advocate for the Petitioner : MS. R D MOZUMDAR Advocate for the Respondent : BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER 14. 12.
2020 By way of this interlocutory application under Section 151, read with Section 152 of the Code of Civil Procedure, 1908, the petitioner has sought for recalling the order dated 06. 11. 2020, passed in the connected appeal, i. e. , MAC Appeal No. 234/2020, whereby this Court has directed the appellant to deposit 50% of the awarded amount with a liberty to withdraw the same, on due identification and proper verification, on the ground that the entire appeal will become infructuous, if the amount is allowed to be withdrawn at this stage as the claim petition is not maintainable as against the appellant/Insurance Company. Having heard the learned counsel for the petitioner/appellant, the appellant is allowed to deposit the amount as directed earlier and the release of the amount shall be subject to hearing of the learned counsel for both the parties JUDGE Comparing Assistant
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