New India Assurance Co Ltd v. Roop Lal & ORS

$~6 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 968/2012 NEW INDIA ASSURANCE CO LTD ..... Appellant Through:

Mr. Sameer Nandwani, Adv.

versus ROOP LAL & ORS ..... Respondents Through:

Mr. Abhishek Kumar, Ms. Sneh Lata and Mr. Vipin, Advs. for R1 to R5.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 20.10.2016 1.

The appellant has deposited Rs.8,62,795/- with UCO Bank, Delhi High Court Branch in terms of the order dated 17th October, 2012 out of which 60% amount has been released to claimants/respondents No.1 to 5 in terms of the order dated 11th March, 2013 and the balance amount is lying in the Bank. As per the Officer of UCO Bank present in Court, Rs.3,54,000/- is lying in FDR with UCO Bank.

2.

Respondents No.1 and 2 are present in Court along with their counsel. 3.

UCO Bank, Delhi High Court Branch is directed to discharge the FDR and release 5% of the amount to each to respondents No.1 to 5 by transferring the said amount to their savings bank accounts. The balance 75% of the amount be kept in FDR in the following manner:- Sr.

No.

Duration Resp. 1 Husband Resp. 2 Resp. 3 Daughter Resp. 4 Daughter Resp. 4 Son (15%) 1.

1 yr 5% 5% 5% 5% 5% of FDR Son (15%) (15%) (15%) (15%) 2.

2 yrs 5% 5% 5% 5% 5% 3.

3 yrs 5% 5% 5% 5% 5% TOTAL 15% 15% 15% 15% 15% GRAND TOTAL 75% 4.

Respondents No. 1 to 5 shall intimate the particulars of their savings bank accounts to UCO Bank, Delhi High Court Branch.

5.

The monthly interest on the FDRs of respondents No.1 to 5 shall be credited in their individual savings bank accounts. 6.

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

7.

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 claimants/respondents no. 1 to 5.

8.

No cheque book or debit card be issued to the claimants/respondents no. 1 to 5 without permission of this Court.

9.

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

10.

The claimants/respondents No. 1 to 5 shall approach the UCO Bank for completing the formalities for the disbursement of the award amount in terms of this order.

11.

UCO Bank, Delhi High Court Branch shall ensure that the savings bank accounts of respondents are individual accounts and not joint accounts. 12.

This appeal has already been disposed of on 31st August, 2015 which need not be listed again. The statutory amount be refunded back to the appellant.

13.

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

J.R. MIDHA, J.

OCTOBER 20, 2016 ak