Ram Wati & ORS v. Laksh Bhure & ORS (Icici Lombard General Insurance Co Ltd)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 50/2020 RAM WATI & ORS.

..... Appellants Through:

Mr. Avtar Singh, Advocate.

versus LAKSH BHURE & ORS. (ICICI LOMBARD GENERAL INSURNACE CO. LTD.)....Respondents Through:

Ms. Suman Bagga, Advocate for respondent No.3.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 03.09.2020 1.

The hearing has been conducted through video conference. CM No.16043/2020 in MAC.APP. 50/2020 2.

Respondent No.3 has deposited Rs.15,59,430/- with the Registrar General of this Court in terms of judgment dated 17th February, 2020. 3.

The appellants have filed the passbooks of their savings bank accounts with the endorsement. The particulars of the bank accounts of the appellants are as under:-

(1) Ram Wati @ Ramvati A/c No.38952934822 State Bank of India, District Courts Complex, Saket Branch IFSC Code:- SBIN0014244

(2) Rajani Gupta A/c No.38942623955 State Bank of India, District Courts Complex, Saket Branch IFSC Code:- SBIN0014244

(3) Ram Kishan A/c No.38970405343

State Bank of India, District Courts Complex, Saket Branch IFSC Code:- SBIN0014244

(4) Balkishan Gupta A/c No.38994072868 State Bank of India, District Courts Complex, Saket Branch IFSC Code:- SBIN0014244

(5) Ramkesh A/c No.38942622577 State Bank of India, District Courts Complex, Saket Branch IFSC Code:- SBIN0014244

(6) Vijay Gupta A/c No.38952416970 State Bank of India, District Courts Complex, Saket Branch IFSC Code:- SBIN0014244 4.

Learned counsel for the appellants submits that the Claims Tribunal has directed State Bank of India, District Courts Complex, Saket Branch to issue 55 FDRs of Rs.20,000/- in the name of appellant No.1, Ram Wati @ Ramvati for a period of 6 months, 1 year onwards after the gap of 6 months and the last FDR ends on 271⁄2 years. 5.

It is submitted that the disbursement order of the Claims Tribunal is not in terms of orders of this Court and, therefore, the FDRs be converted to monthly FDRs in terms of the directions of this Court. 6.

State Bank of India, District Courts Complex, Saket Branch is directed to convert all the 55 FDRs of Rs.20,000/- into 110 monthly FDRs of Rs.10,000/- each in the name of appellant No.1 for a period of 1 month to 110 months. The interest accrued on the 55 FDRs be transferred to the savings bank account of appellant No.1 at State Bank of India, Sangam Vihar Branch.

7.

With respect to the amount of Rs.15,59,430/- deposited by respondent No.3 with the Registrar General of this Court, Registrar General of this Court is directed to transfer the entire amount to State Bank of India, District Courts Complex, Saket Branch. Upon receipt of the amount from the Registrar General of this Court the State Bank of India, District Courts Complex, Saket Branch is directed to disburse the amount in the following manner:- (i)Rs.11,00,000/- be kept in 110 FDRs of Rs.10,000/- each in the name of appellant No.1 Ram Wati @ Ramvati for the period 1 month to 110 months respectively, with cumulative interest. (ii) Rs.1,00,000/- be kept in FDR in the name of appellant No.1 for a period of one year with cumulative interest. (iii) The balance amount, after keeping Rs.12,00,000/- in FDRs as mentioned above, be released to appellants No.1 to 6 in equal shares by transferring the same to their respective savings bank accounts as mentioned above.

(iv) State Bank of India, Saket Courts Branch shall ensure that date of 110 FDRs for Rs.10,000/- each are commensurate with 110 monthly FDRs that would be issued upon conversion of the 55 FDRs so that appellant No.1 gets Rs.20,000/- per month along with cumulative interest for 110 months.

8.

All the original FDRs shall remain with State Bank of India, District Courts Complex, Saket Branch.

However, the statement containing FDR number, amount, date of maturity and maturity amount shall be furnished to appellant No.1.

9.

The maturity amounts of the FDRs of the appellant No.1 be released to appellant, by transferring the same to her aforesaid savings bank account State Bank of India, Sangam Vihar Branch. 10.

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

11.

State Bank of India, Sangam Vihar Branch shall permit appellant No.1 to withdraw money from her savings bank account by means of a withdrawal form.

12.

All the original FDRs shall remain with State Bank of India, Saket Courts Branch. After issuing all the FDRs, State Bank of India, Saket Courts Branch shall transfer the savings bank account of appellant No.1 to State Bank of India, Sangam Vihar Branch so that the maturity amount and the monthly FDRs can be withdrawn by appellant No.1 from State Bank of India, Sangam Vihar Branch.

13.

The other appellants shall continue their accounts with State Bank of India, Saket Courts Branch.

14.

State Bank of India, Saket Courts Branch is directed to ensure the compliance of this order within a period of four weeks. 15.

List for reporting compliance on 08th October, 2020. 16.

The order be uploaded on the website of this Court forthwith. J.R. MIDHA, J.

SEPTEMBER 03, 2020 ak