Kamlesh v. Devender & ORS (Hdfc Ergo General Ins Co Ltd)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 252/2018 KAMLESH ..... Appellant Through:

Mr S.N.Parashar, Advocate.

Appellant No.2 in person.

versus DEVENDER & ORS (HDFC ERGO GENERAL INS CO LTD) ..... Respondents Through:

Mr A.K.Soni, Advocate for R-3/Insurance Co.Ltd..

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 02.08.2018 1.

Learned counsel for respondent No.3 submits that the cheque for a sum of Rs.12,40,145/- is ready and shall be deposited with the Registry during the course of the day.

2.

Appellant No.2 is present in person in Court today and has produced the passbooks of both the appellants along with the necessary endorsement. The particulars of their passbooks are as under:- (i) Appellant No.1, Kamlesh @ Kamlesh Sangal A/c No.-37531767947, State Bank of India, Banat Branch, Shamli, Uttar Pradesh, IFSC Code-: SBIN0003639 (ii) Appellant No.2, Sushil Kumar @ Sushil Kumar Sangal A/c No.-7986000100033487, Punjab National Bank, Banat Branch, Shamli, Uttar Pradesh, IFSC Code-: PUNB0798600. 3.

The Registrar General is directed to disburse the aforesaid amount to the appellants by instructing the UCO Branch, Delhi High Court, as under:- (i) Rs.10,00,000/- be kept in 10 Fixed Deposit Receipts (FDRs), of

Rs.1 lakh each, in the name of appellant No.1 for the period 1 year, 2 years, 3 years, 4 years, 5 years, 6 years, 7 years, 8 years, 9 years and 10 years respectively, with cumulative interest. (ii) The balance amount of Rs.2,40,145/-, after keeping Rs.10,00,000/- in FDRs, be released to the appellants, in equal shares, by transferring the same in their aforesaid savings bank accounts. 4.

All the original FDRs shall remain with UCO Bank, Delhi High Court Branch. However, the statement containing FDR number, amount, date of maturity and maturity amount shall be furnished by UCO Bank, Delhi High Court branch to the appellant no.1.

5.

The maturity amounts of the FDRs be transferred to the appellant no.1 in her aforesaid savings bank account.

6.

No loan or advance or pre-mature discharge shall be permitted without the permission of this Court.

7.

State Bank of India, Banat Branch and Punjab National Bank, Banat - Shamli Bank shall permit the appellants to withdraw money from their respective savings bank accounts by means of a withdrawal form. 8.

Learned counsel for the appellant submits that 70 FDRs have been issued by the UCO Bank, Karkardooma Branch, in the name of the appellant No.1.and the maturity amounts of the FDRs is transferred to her saving bank account with UCO Bank, Karkardooma Branch.

9.

The appellants are resident of Shamli, Uttar Pradesh. The UCO Bank, Karkardooma Branch, is directed to transfer the FDR amount to the aforesaid saving bank account of the appellant no.1 with State Bank of India, Banat Branch as mentioned in para 2(i) of this order. 10.

List for reporting compliance on 02nd November, 2018. 11.

Copy of this order be sent to UCO Bank, Delhi High Court Branch and UCO Bank, Karkardooma Branch for compliance.

12.

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

J.R. MIDHA, J.

AUGUST 02, 2018/'Sn'