Sh.Sharad Jain v. The State & Others

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TEST.CAS. 61/2006 SH. SHARAD JAIN ..... Petitioner Through:

Mr. S. K. Bhaduri and Mr. Prem Prakash Advocate.

versus THE STATE & OTHERS ..... Respondents Through:

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA % 01.03.2021

O R D E R

I.A. No. 3118/2021 1.

The present petition was disposed of vide order dated 10th January, 2020, with directions to several banks, to deposit the amount under the FDRs along with up to date interest, in this Court.

2. By way of this application, the counsel for the Petitioner submits that, in the settlement deed dated 11th December, 2019, No. of FDR placed with Allahabad Bank, Parliament Street Branch, New Delhi, in the name of Late Shri Kapoor Chand Jain, was wrongly mentioned as 20015922481. He submits that, the said No. was inadvertently typed and should instead be read as 20015922431. He further submits that, pursuant to the Orders passed by this Court, the Bank has sent a communication to the following effect: - "Dear Sir, As discussed with you, our Advocate advised us to get the Revised order with correct account number to enable us to release the FDR amount as per revised order. So revised High Court order for correct FDR account Number 20015922431 instead of 20014922481 is required for doing the needful in this By:SAPNA SETHI 17:34

regard.

Thanks and Regards Chief Manager, Parliament Street, New Delhi"

3.

In view of the aforesaid communication, the Petitioner seeks necessary directions to the Bank in respect of FDR No. 20015922431. Since no one appeared on behalf of the Respondent, in the first call this Court directed the counsel for the Petitioner to contact the counsel for the Respondent. Pursuant thereto, Mr. Bhaduri, submits that he has received a WhatsApp communication from the counsel for the Respondent stating that he has no objection to the prayer made in the present application. He is directed to place the copy of the said communication on record of the file of this Court by filing the same with the Registry, within a period of two days from today.

4. In view of the no objection received by the counsel and having regard to the facts and circumstances noted above, the application is allowed and accordingly the Allahabad Bank, Parliament Street Branch, New Delhi is directed to remit the amount lying in the FDR account 20015922431 in the name of Late Shri Kapoor Chand Jain along with interest before this Court.

5. With aforesaid direction, the application is disposed of. SANJEEV NARULA, J MARCH 1, 2021/nd By:SAPNA SETHI 17:34