CW/6921/2007 of SANTOSH DEVI Vs VISHNU DUTT SHARMA and ORS on 20 December 2007

O R D E R

S.B. CIVIL WRIT PETITION NO.6921/2007

Smt.Santosh Devi

Vs.

Vishnu Dutt Sharma & Ors.

Date of order :

20/12/2007.

HON'BLE MR.JUSTICE MOHAMMAD RAFIQ

Shri Pradeep Pathak for the petitioner.Shri Virendra Agrawal for the respondents.

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BY THE COURT :-

This writ petition has been filed by theclaimant-petitioner challenging the order dated4/8/2007 passed by MACT Jaipur. The said Tribunaldismissed the application submitted by the petitionerfor premature release of the F.D.R. on the ground ofmarriage of her daughters. The Tribunal awarded a totalclaim of Rs.4,29,000/- in favour of the claimant-petitioner out of which Rs.50,000/- was paid to her asno fault liability and remaining amount ofRs.3,79,000/- was directed to be paid to the petitioneralong with interest 6% p.a. from the date of filing of the claim petition. The Tribunal directed thatRs.54,000/- be deposited in the account of the claimantpetitioner and Rs.50,000/- each be deposited in fourF.D.Rs. for a period of 3 years, 5 years, 10 years and15 years, respectively. Apart from that, a sum ofRs.25,000/- was also ordered to be paid in FDRs of eachKumari Raju Kanwar and Kumari Pushpa Kanwar for aperiod of 5 years. It was also directed that an amountof Rs.25,000/- shall continue to be deposited in theaccount of Kumari Renu Kanwar, Kumari Usha Kanwar andMaster Rahul till their attaining the age of maturity.Two daughters of petitioner, Kumari Raju Kanwar @ RajKumari and Kumari Pushpa Kanwar @ Prem Kanwar have nowattained the age of maturity and their marriage wasfixed on 12/7/2007 but the petitioner is not havingfunds to arrange their marriage. The petitioner filedthe application for the premature release of the FDRsbut the learned Tribunal rejected the same by theimpugned order.

Having heard learned counsel for the partiesand perused the material on record, I deem itappropriate to allow this writ petition.

In the result, the writ petition is allowed.

It is, therefore, directed that two F.D.Rs.each of Rs.50,000/- be released in favour of the claimant-petitioner. The respondent No.10, the OrientalBank of Commerce is directed to make payment of twoF.D.Rs. bearing Nos.20370462 in A/c.No.01033011013416and 20370462 in A/c. No.01033011013409 in the name ofpetitioner in Claim Case No.990/2004 (5231/2002)(Smt.Santosh Devi and ors. Vs. Vishnu Dutt Sharma) atpremature stage on production of certified copy of thisorder in view of the fact that marriage of petitioner'sdaughters are going to be solemnized shortly.

(MOHAMMAD RAFIQ), J.

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