Moti Devi & ORS. v. Roshan Kumar & ORS.

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1657/2025 MOTI DEVI & ORS.

.....Petitioner Through:

Mr.

Shoumik Mazumdar, Ms.

Sabhyata Sharma, Advs. (through VC).

versus ROSHAN KUMAR & ORS.

.....Respondents Through:

Mr. Abhishek Kumar Anand, Advs.

(through VC).

Mr. Arun Sharma, Adv.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 23.01.2026 1.

Pursuant to Court's previous order, Mr. Arun Sharma, Advocate, who was previously appearing for petitioner, is present to assist the Court. He has provided a copy of application, which was filed by petitioner, who is widow of deceased.

2.

By the said application moved before the Tribunal, she sought directions for premature release of FDRs since she was in process of purchasing a property for which she had entered into an Agreement to Sell. 3.

The Agreement to Sell, which has been appended with the application, has been entered into between the petitioner, Moti Devi and one Mrs. Seema D/o Sh. Prem Nath and relates to sale of Flat No.18/02-A, Block-E, Madhuban Bappudham, Awasiya Yojna, Govindpuram, Ghaziabad, U.P.-201001, for a 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 27/01/2026 at 11:42:25

consideration of Rs.15,00,000/-.

4.

As per agreement, Moti Devi has already paid an amount of Rs.2,00,000/-, but requires balance amount to complete the conveyance. 5.

When asked as to how the amount had been paid, counsel states that it was paid in cash.

6.

In view of this requirement of petitioner, the Court does not see any reason to withhold the compensation in the Court, considering that only Rs.15,00,000/- are required for the purchase, whereas FDRs of up to Rs.20,00,000/- are deposited in before the Tribunal. 7.

Accordingly, an amount of Rs.15,00,000/- be released in favour of petitioner by liquidating the appropriate number of FDRs with accrued interest, amounting up to Rs.15,00,000/-.

8.

The said amounts be released within a period of next two weeks by the MACT. Balance amount will be kept in an interest-bearing fixed deposit. 9.

The MACT is directed accordingly.

10.

Petition is accordingly allowed in the above terms. Pending applications, if any, are rendered infructuous. 11.

Order be uploaded on the website of this Court. ANISH DAYAL, J JANUARY 23, 2026/ak/bp 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 27/01/2026 at 11:42:25