The New India Assurance Co Ltd v. Pinki Devi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 715/2016 THE NEW INDIA ASSURANCE CO LTD ..... Appellant Through:

versus PINKI DEVI & ORS ..... Respondents Through:

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 25.05.2017 1.

Issue fresh Court notice to respondents no.1 to 3, returnable on 08th August, 2017.

2.

Vide judgement dated 18th November, 2016, respondents no.1 to 3 were directed to open their individual savings bank accounts near the place of their residence. Para 12 of the judgement dated 18th November, 2016 is reproduced hereunder:

"12.

Respondents No.1 to 5 are residents of Ghaziabad. Respondents No.1 to 3 shall open savings bank accounts near the place of their residence and they shall provide the particulars of their savings bank accounts to UCO Bank, Delhi High Court Branch. UCO Bank shall transfer the maturity amount and the monthly interest on the FDRs in individual savings bank accounts of respondents No.1 to 3 near the place of their residence in terms of this order. 3.

As per the status report sent by UCO Bank, Delhi High Court Branch, respondents no.1 to 3 have not yet furnished the particulars of their savings bank accounts near the place of their residence and the interest amount of the FDRs is being credited to their savings bank accounts with UCO Bank, Delhi High Court Branch.

4.

The claimants in the present case are residents of Bihar and visit to UCO Bank, Delhi High Court Branch every month from Bihar to make withdrawal will lead to serious inconvenience. This Court is seriously concerned that the amounts be released to the claimants through a bank near the place of their residence so that they are not put any inconvenience. 5.

Mr. Sanjoy Ghose, learned Additional Standing Counsel for Govt. of NCT of Delhi is appointed as amicus curiae to assist this Court in this matter.

6.

UCO Bank, Delhi High Court Branch is directed to withhold the transfer of the interest as well as the maturity amount of the FDRs till further orders. UCO Bank shall keep the interest amount and the maturity amount of FDRs in an interest earning account till further orders. 7.

Copy of this order be given dasti under signature of Court Master to Mr. Sanjoy Ghose, learned Additional Standing Counsel for Govt. of NCT of Delhi.

8.

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

J.R. MIDHA, J.

MAY 25, 2017 rsk