Authority: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
Order Date: 26 June 2026
Case Overview
- Parties:
- Petitioners/Claimants: Mrs. Sukanya Baruah, Anima Deka, Miss Juree Deka (residents of Village Kamarkuchi, P.S. & Dist. Nalbari, Assam) and also Babul Kalita and Jitu Bora.
- Respondent/Appellant: IFFCO Tokio General Insurance Co Ltd, a joint venture of Indian Farmers Fertilizers Cooperative Limited and Tokio Marine and Nichido Insurance Co. Ltd, with offices at 5th Floor, Saket Building, Near APJ School, 44, Park Street, Kolkata-700016 and 1st Floor, Aditya Tower, G.S. Road, Dispur, Guwahati, 781006.
- Counsel:
- For the petitioners: Mr. A. Bhattacharyya.
- For the respondent: Ms. P. Borthakur (advocate) and Mr. R. Goswami (advocate).
- Nature of Proceeding: Interlocutory application (I.A. No. 2197/2026) seeking release of 50% of the awarded amount that had been deposited with the Court Registry.
- Background:
- The Court, while admitting a connected appeal (order dated 13.02.2026), stayed the operation of the impugned judgment and award dated 30.05.2025 in MAC Case No. 2327/2021, subject to the condition that the appellant‑insurance company deposit 50% of the awarded amount within six weeks.
- The appellant‑insurance company complied and deposited the stipulated 50% before the Registry.
- Observations:
- Respondent’s counsel, Ms. P. Borthakur, stated no objection to the release of the deposited amount.
- The Court, after hearing both sides and reviewing the record, found the prayer in the interlocutory application to be meritorious.
Final Outcome
- The Registry of the Court is directed to release the 50% of the awarded amount that was deposited, preferably by transferring it to the claimants’ bank account after proper verification and upon furnishing of requisite bank details.
- The release is expressly made subject to the final outcome of the connected appeal.
- The interlocutory application is allowed and disposed of.
Topics: Court Order, Insurance Claim, Partial Award Release