Jagdish Sharma v. Navtej Singh And ORS

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 35/2024 JAGDISH SHARMA ..... Petitioner Through:

Mr. Pankaj Gupta, Mr. Dheeraj & Mr.

Sanjay Shisodia, Advocates.

versus NAVTEJ SINGH AND ORS ..... Respondents Through:

Mr. Yuvraj Sharma, Adv. Proxy for Mr. Pankaj Seth, Adv. for R-3.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 08.01.2024 CM APPL. 992/2024 - EXMP.

1.

Allowed, subject to all just exceptions.

2.

The application shall stand disposed of.

CM(M) 35/2024 3.

This is a petition under Article 227 of the Constitution of India. Learned counsel for the respondent is present on advance notice. They have no objection if the application is allowed as per law. 4.

Heard. The petitioner is aggrieved of the order dated 20.09.2023 passed by the learned PO MACT, Central District Tis Hazari Courts, Delhi, whereby, the application moved on behalf of the petitioner/ applicant for pre-mature release of the FDR was dismissed. 5.

Perusal of the record shows that vide award dated 25.02.2023, the petitioner has been awarded a total compensation of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/05/2024 at 14:24:21

Rs.16,86,358/- along with interest @ 9% per annum from the date of filing of the petition till realization on account of permanent disability to the extent of 90% suffered by the petitioner resulting in amputation the of right lower limb.

6.

Perusal of the record also shows that Rs.7,12,877/- was ordered to be released in favour of the petitioner and rest of the amount viz. Rs.19,60,000/- was ordered to be kept in FDR for a period of 98 months.

7.

It is submitted by learned counsel for the petitioner that the petitioner is about 70 years of age and he wishes to buy a house, and therefore, urgently requires a sum of Rs. 12 lakhs 8.

In view of the fact that petitioner is a senior citizen and he has suffered 90% permanent disability, and he appears to be having urgent financial need, the present petition is disposed of with a direction that a sum of Rs.10 lakhs along with interest uptill date kept in the FDR be allowed to be released in favour of the petitioner and the remaining balance amount with interest be kept in FDR for a period of 36 months, if not, already matured.

9.

A copy of this order be sent to the learned PO MACT for information and necessary compliance.

DHARMESH SHARMA, J.

JANUARY 8, 2024/ss/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/05/2024 at 14:24:21