Gauhati High Court
Review.Pet./48/2026 of SBI GENERAL INSURANCE CO. LTD. Vs SAZIA AHMED AND 4 ORS on 11 June 2026
GAHC010048562026 2026:GAU-AS:8374 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./48/2026 SBI GENERAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT NARAJ BY RUSTOMJEE, 101, JUNCTION OF MV ROAD AND WESTERN EXPRESS
GAHC010048562026
2026:GAU-AS:8374
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./48/2026
SBI GENERAL INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT NARAJ BY
RUSTOMJEE, 101, JUNCTION OF MV ROAD AND WESTERN EXPRESS
HIGHWAY, ANDHERI (EAST), MUMBAI 400069 ITS REGIONAL OFFICE 4TH
FLOOR, B BLOCK APEEJAY HOUSE 15, PARK STREET, KOLKATA 700016
WEST BENGAL AND ITS BRANCH OFFICE AT 2ND FLOOR, LAKSHMI
DARSHAN, OPPOSITE BORA SERVICE STATION, ULUBARI, G.S. ROAD, GUWAHATI 781007 REPRESENTED BY ITS SE. EXECUTIVE LITIGATION
AND TP
VERSUS
SAZIA AHMED AND 4 ORS
WIFE OF LATE ASRAF ALI
2:SAHIL MOHAMMAD HABIB
SON OF LATE ASRAF ALI
3:SYEDA JULEKHA KHANAM
DAUGHTER OF LATE ASRAF ALI ALL ARE THE R/O- HATIPOTA
PART-II
POLICE STATION -BILASHIPARA
DISTRICT - DHUBRI
ASSAM. PRESENT R/O- BALAPARA
DISTRICT- BONGAIGAON
ASSAM
RESPONDENT NO. 3 BEING MINOR IS REPRESENTED BY THE
RESPONDENT NO. 1
4:ABDUL BATEN AHMED
SON OF SUKUR ALI AHMED
RESIDENT OF VILLAGEMAYERCHAR
PART-II
POST OFFICENAYERALGA
POLICE STATION- BILASHIPARA
DISTRICT - DHUBRI
ASSAM
PIN CODE783348 OWNER OF THE VEHICLE BEARING REGISTRATION NO.
AS-01-EN-8881 BALENO
5:ISMAIL HUSSAIN
SON OF LATE USAF HUSSAIN
RESIDENT OF VILLAGEANANDANAGAR
POLICE STATION- BILASIPARA
DISTRICT- DHUBRI
PIN CODE-783348
ASSAM DRIVER OF THE VEHICLE BEARING REGISTRATION NO. AS-01- EN-8881 BALENO
Advocate for the Petitioner : MR T KALITA, MR. A KAKATI
Advocate for the Respondent : MR. M KHAN (Res. 1 to 3), MR. R. AHMED (Res. 1 to 3),MS J
AKTAR (Res. 1 to 3)
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
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ORDER
Date : 12.06.2026 Heard Mr. T. Kalita, learned counsel appearing for the petitioner. Also heard Mr. M. Khan, learned counsel appearing for the respondents. By way of the present review petition, the petitioner seeks review/modification of the order dated 11.02.2026 to the limited extent that, upon deposit of 50% of the awarded amount before the Registry of this Court, the claimant, while seeking release of the deposited amount, be required to furnish an indemnity bond.
Mr. M. Khan, learned counsel appearing for the claimant, fairly submits that he has no objection to such a condition being incorporated in the order dated 11.02.2026. In view of the consensus at the Bar, the last paragraph of the operative portion of the order dated 11.02.2026 stands modified and shall be read as follows: “Upon such deposit being made, the claimant shall be at liberty to approach the Registry of this Court by filing an appropriate application seeking release of the deposited amount, accompanied by an indemnity bond. Upon such application being filed, and after due verification of the identity and entitlement of the claimant, the Registry shall, in accordance with law, release the deposited amount to the claimant upon obtaining proper acknowledgment.” The order dated 11.02.2026 stands modified to the aforesaid extent. This order shall form an integral part of the order dated 11.02.2026. The review petition accordingly stands allowed to the extent indicated above.
JUDGE Comparing Assistant