Gauhati High Court
I.A.(Civil)/2198/2026 of SMTI DIPREKHA BORAH AND ANR Vs ORIENTAL INSURANCE CO LTD AND ORS on 25 June 2026
GAHC010131752026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2198/2026 SMTI DIPREKHA BORAH AND ANR W/O SRI NAREN BORAH 2: NAREN BORAH S/O LATE KANPAI BORAH BOTH ARE R/O VILL. BORBHAGIA P.O. AND P.S. ULUANI DIST. NAGAON
GAHC010131752026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2198/2026
SMTI DIPREKHA BORAH AND ANR
W/O SRI NAREN BORAH
2: NAREN BORAH
S/O LATE KANPAI BORAH
BOTH ARE R/O VILL. BORBHAGIA
P.O. AND P.S. ULUANI
DIST. NAGAON
ASSAM
PIN 78213
VERSUS
ORIENTAL INSURANCE CO LTD AND ORS
A CENTRAL GOVT. UNDERTAKING, HAVING ITS REGIONAL OFFICE AT
GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI 781007, REPRESENTED BY
THE MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI
78100
2:MRS MARAMI HAZARIKA
W/O LATE RAJIB HAZARIKA
R/O VILL. PARBATI NAGAR
P.O. AND P.S. TEZPUR
DIST. SONITPUR
ASSAM
PIN 784001
3:SRI MAHENDRA GAYARI
S/O SRI PORBODH GAYARI
R/O VILL. OUGURI
BENGENATI
P.O. AND P.S. ULUANI
DIST. NAGAON
ASSAM
PIN 78213
Advocate for the Petitioner : MR. A BHATTACHARYYA, Advocate for the Respondent : MS. R D MOZUMDAR, BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
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ORDER
Date : 26.06.2026 Heard Mr. A. Bhattacharyya, learned counsel appearing for the applicant/claimant. Also heard Ms. R. D. Mozumdar, learned counsel appearing for the respondent.
2. By way of this interlocutory application, the applicant/claimant has prayed for release of 50% of the awarded amount deposited before the Registry of this Court.
3. It appears that this Court, while admitting the connected appeal by order dated 19.09.2025 and while considering I.A.(Civil) No. 3106/2025 filed for stay of the impugned judgment and award dated 16.05.2025 passed in MAC Case No. 552/2022, was pleased to stay the operation of the impugned judgment and award, subject to the condition that the appellant-insurance company deposit 50% of the awarded amount before the Registry of this Court within a period of 6 (six) weeks from the date of the said order.
4. Pursuant to the aforesaid order, 50% of the awarded amount has been deposited by the appellant-insurance company before the Registry of this Court.
5. Ms. R. D. Mozumdar, learned counsel appearing for the respondent/appellant, submits that she has no objection to the release of the aforesaid deposited amount lying with the Registry of this Court.
6. Having heard the learned counsel for the parties and upon perusal of the materials available on record, this Court is of the considered view that the prayer made in the present interlocutory application deserves to be allowed.
7. Accordingly, the Registry of this Court is directed to release 50% of the awarded amount deposited pursuant to the order dated 13.02.2026 in favour of the claimant/applicant, upon proper verification and identification, preferably by transferring the same to the bank account of the claimant/applicant, subject to furnishing of the requisite bank details before the Registry.
8. It is, however, made clear that such release shall remain subject to the outcome of the connected appeal.
9. The interlocutory application stands allowed and disposed of. JUDGE Comparing Assistant