CMAppl(FA)/658/2013 of Hiran Bashi Sarkar Vs Bedana Sarkar And Another on 16 December 2013

Party Name : Hiran Bashi Sarkar Vs Bedana Sarkar And Another THE HONBLE MR JUSTICE U. B. SAHA

The instant application is filed by the appellant-applicant for withdrawing the amount ofRs.1,84,162/- deposited by the respondent-New India Assurance Company Ltd. with theRegistry of this Court vide Cheque No. 700997 dated 29.08.2013. Heard Mr. U. K.Majumder, learned counsel appearing for the appellant-applicant, who has submitted thatMAC APP No. 91 of 2003 filed by the appellant-applicant has already been disposed of bythis Court and in terms of the order in the said appeal, the respondent-Insurance Co. hasdeposited the aforesaid amount of Rs.1,84,162/- with the Registry of this Court. Thus, theappellant-applicant may be allowed to withdraw the said amount. Considering the entirefacts and circumstances, particularly the contention made in the instant application, theprayer for withdrawal of the aforesaid amount of Rs.1,84,162/- (Rupees one lakh eighty fourthousand one hundred sixty two) is hereby allowed. The Registry is directed to release theaforesaid amount in favour of the appellant-applicant on proper identification. The entireexercise shall be completed within a period of 15 days from today. With the aforesaid order,the instant C. M. Application is disposed of.