Nirmal Daisy Tully v. Pushpa & ORS

$~18 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 324/2010 NIRMAL DAISY TULLY ..... Appellant Through:

Mr. Rajendra Chaudhry, Adv.

versus PUSHPA & ORS ..... Respondents Through:

Mr. L.K. Tyagi, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 14.09.2016 1.

This matter has taken up today as 13th September, 2016 was declared holiday.

2.

Mr. L.K. Tyagi, learned counsel for respondent no.2 submits that respondent no.2 has deposited Rs.8,68,465/- with UCO Bank, Delhi High Court Branch in terms of judgment dated 12th August, 2016 after deducting TDS of Rs.51,829/-. Copy of the proof of the deposit is handed over and taken on record. Copy of the same is furnished to learned counsel for the appellant.

3.

The appellant is present in Court along with her counsel. She is 100% blind and is living alone.

4.

UCO Bank is directed to keep a sum of Rs.8 lakh in fixed deposit in the following manner:

Sr.

No.

Duration of FDR Appellant FDR amount (Rs.) 1.

1 yr 80,000/- 2.

2 yrs 80,000/- 3.

3 yrs 80,000/-

4.

4 yrs 80,000/- 5.

5 yrs 80,000/- 6.

6 yrs 80,000/- 7.

7 yrs 80,000/- 8.

8 yrs 80,000/- 9.

9 yrs 80,000/- 10.

10 yrs 80,000/- TOTAL 8,00,000/- 5.

UCO Bank shall release the balance amount, after issuing FDRs for Rs.8 lakh, to the appellant by transferring the same to her savings bank account no.30282786916 with State Bank of India, Vikas Vihar, Uttam Nagar[IFSC Code SBIN0001679].

6.

The monthly interest on all the FDRs shall be paid to the appellant by transferring the said amount to her individual savings bank account with State Bank of India, Uttam Nagar.

7.

At the time of maturity, the fixed deposit amount shall be automatically credited in the individual savings bank account of the appellant.

8.

All the original FDRs shall be retained by UCO Bank, Delhi High Court Branch. However, the photocopies of the same shall be provided to the appellant.

9.

No cheque book or debit card be issued to the appellant without permission of this Court.

10.

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

11.

UCO Bank, Delhi High Court Branch shall ensure that the savings bank account of appellant is individual account and not joint account. 12.

Appellant is at liberty to approach this Court for release of further amount in case of any financial exigency.

13.

Respondent no.2 shall send the TDS certificate to the appellant by Regd. AD Post within a period of two weeks from today. 14.

This appeal has already disposed of and need not be listed again. 15.

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

16.

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

J.R. MIDHA, J.

SEPTEMBER 14, 2016 dk