Gauhati High Court
Page No.# 1/3 vs Sbi General Insurance Company Limited on 23 March, 2023
Author: Malasri Nandi
Bench: Malasri Nandi
Page No.# 1/3
GAHC010048962023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/680/2023
ABDUL KADDUS AND ANR.
S/O- SHIRAJ MIAH,
2: ASHIQUE IKBAL HUSSAIN
S/O- ABDUL KADDUS
BOTH ARE RESIDENTS OF VILL.- JOGIRPAM
MOUZA- GHILAZARI
P.S. AND DIST.- BARPETA
PIN- 781316. (RESPONDENT NO. 2 REP. BY THE RES. NO. 1 BEING THE
FATHER OF THE RES. NO. 2)
VERSUS
SBI GENERAL INSURANCE COMPANY LIMITED,
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT NATRAJ BY
RUSTOMJEE, 101, JUNCTION OF MV ROADS 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, REP. BY ITS SR. EXECUTIVE LITIGATION AND TP.
Advocate for the Petitioner : MS R BEGUM
Advocate for the Respondent : MR T KALITA
Linked Case : MACApp./83/2021
Page No.# 2/3
SBI GENERAL INSURANCE COMPANY LIMITED
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT NATRAJ BY
RUSTOMJEE
101
JUNCTION OF MV ROADS 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
REP. BY ITS SR. EXECUTIVE LITIGATION AND TP.
VERSUS
ABDUL KADDUS AND 3 ORS
S/O- SHIRAJ MIAH
2:ASHIQUE IKBAL HUSSAIN
S/O- ABDUL KADDUS
BOTH ARE RESIDENTS OF VILL.- JOGIRPAM
MOUZA- GHILAZARI
P.S. AND DIST.- BARPETA
PIN- 781316. (RESPONDENT NO. 2 REP. BY THE RES. NO. 1 BEING THE
FATHER OF THE RES. NO. 2).
3:FAIZUDDIN AHMED
S/O- KALIM UDDIAN AHMED
R/O- VILL.- HAZIPARA
MOUZA- GHILAZARI
P.S. HOWLY
DIST.- BARPETA
ASSAM
PIN- 781316. (OWNER OF THE VEHICLE NO. AS 15/A-0124).
4:REFAZ UDDIN
S/O- REZZAK ALI
R/O- VILL.- PAKA BETBARI
MOUZA- BETBARI
P.S. AND DIST.- BARPETA
Page No.# 3/3
ASSAM
PIN- 7813526 (DRIVER OF THE VEHICLE NO. AS 15/A-0124).
------------
Advocate for : MR T KALITA
Advocate for : R BEGUM (R-1 AND 2) appearing for ABDUL KADDUS AND 3 ORS
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 23.03. 2023 Heard Mr. R. Islam, learned counsel appearing on behalf of Mr. J. Ahmed, learned conducting counsel for the applicant and Mr. T. Kalita, learned counsel for the respondent.
This application has been filed by the applicant in connection with I.A. (Civil) No. 737/2021 in MAC Appeal No. 83/2021 with a prayer to allow him to withdraw the amount of Rs. 12,05,924/-deposited by the Insurance Company before the Registry of this Court.
The learned counsel for the respondent/ Insurance Company, Mr. T. Kalita submits that he wants to file objection for withdrawal of the entire amount by the applicant/ claimant and prays for 2 weeks time.
Prayer is allowed.
List the matter accordingly after 2 weeks.
In the meantime, learned counsel for the respondent shall file objection.
JUDGE Comparing Assistant