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High Court of DelhiCM(M)/1698/2019

Santosh Kumari v. Lakshay Yadav & ORS

2020-03-03Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 1698/2019 SANTOSH KUMARI ..... Petitioner Through:

Mr. Navjot Kumar and Mr. Kasan Khanna, Advocates versus LAKSHAY YADAV & ORS ..... Respondents Through:

Mr. Zahid Hanief, Advocate for Mr.

Naushad Ahmed Khan, ASC (Civil) for GNCTD

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 03.03.2020 1.

The petitioner has challenged the order dated 6th November, 2019 whereby the Claims Tribunal rejected the petitioners prayer for pre-mature release of FDR for Rs. 11,00,000/- to enable the petitioner to purchase a flat bearing No. T-248, Second Floor, Gali No. 4, Gautampuri, Delhi-110053. 2.

Vide order dated 6th December, 2019, this Court directed the SHO concerned to verify the veracity of the alleged agreement between the petitioner and the purchaser.

3.

SHO, PS Inderpuri has filed the status report dated 10th December, 2019 in which the SHO has confirmed that the agreement between the petitioner and the purchaser is genuine.

4.

The petition is allowed in the peculiar facts and circumstances of this case and the Claims Tribunal is directed to pre-maturely discharge the FDR for Rs.11,00,000/- and transfer the FDR amount along with interest to savings Bank Account No. 18580110090558 of the petitioner with UCO By:RAJENDER SINGH KARKI 11:28:08

Bank, Patiala House Courts within 10 days.

5.

UCO Bank, Patiala House Courts shall issue a demand draft for Rs.11,00,000/- in the name of purchaser, Ms. Visheshta Nigam upon the petitioner completing the necessary formalities. 6.

This case shall not be treated as precedent.

7.

Learned counsel for the petitioner submits that the date of completion of the said transaction is 25th March, 2020.

8.

The petitioner shall produce the title documents of the said transaction on the next date of hearing.

9.

List for reporting compliance as a part-heard matter on 17th April, 2020.

10.

Copy of this order be given dasti to counsel for the parties under signatures of Court Master.

J.R. MIDHA, J.

MARCH 03, 2020 rhc By:RAJENDER SINGH KARKI 11:28:08