Bharti Axa General Insurance Co Ltd v. Gyan Chand & ORS
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP. 1143/2014 BHARTI AXA GENERAL INSURANCE CO LTD..... Appellant Through:
NEMO.
versus GYAN CHAND & ORS ..... Respondents Through:
Mr. Anshuman Bal, Advocate for respondents No.2 to 4
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA\
O R D E R
% 12.10.2017 1.
Respondent No.3, Sunny, is present in Court along with the passbooks of respondents No.2, 3 and 4. The particulars of the savings bank account of respondents No.2, 3 and 4 are as under:
(i) Deepak (respondent No.2) S.B. Account N.4943001700033826 Punjab National Bank, Village Dera, P.O. Dera, New Delhi -110074.
IFSC Code: PUNB0494300.
(ii) Sunny (respondent No.3) S.B. Account N.4943001700030935 Punjab National Bank, Village Dera, P.O. Dera, New Delhi -110074.
IFSC Code: PUNB0494300.
(iii) Pooja (respondent No.4) S.B. Account N.4943001700033659 Punjab National Bank, Village Dera, P.O. Dera, New Delhi -110074.
IFSC Code: PUNB0494300.
2.
A sum of Rs.4,53,758/- is lying in FDR as on 11th August, 2017 with
the Registrar General of this Court in terms of the judgment dated 20th February, 2017 which has to be disbursed to respondents No.2 to 4. 3.
The Registrar General of this Court is directed to disburse FDR amount along with interest accrued thereon to respondents No.2 to 4 by instructing UCO Bank, Delhi High Court as under: (i) Rs.1 lakh be kept in 20 FDRs of Rs.5,000/- each in the name of respondent No.2, Deepak, for the period 1 month to 20 months respectively with cumulative interest;
(ii) Rs.1 lakh be kept in 20 FDRs of Rs.5,000/- each in the name of respondent No.3, Sunny, for the period 1 month to 20 months respectively with cumulative interest;
(iii) Rs.1.5 lakh be kept in FDR in the name of respondent No.4, Pooja, till she attains majority with cumulative interest. Upon her attaining majority, the bank shall release the interest portion to respondent no.4 by transferring the same to her savings bank account and the principal amount of Rs.1.5 lakh be kept in 30 FDRs of Rs.5,000/- each in the name of respondent No.2, Pooja, for the period 1 month to 30 months respectively with cumulative interest.
4.
The balance amount after keeping Rs.3.5 lakh in FDRs be released to respondents No.2 and 3 by transferring the same to their savings bank accounts in equal proportion.
5.
All the original FDRs shall remain with UCO Bank, Delhi High Court Branch. However, the statement containing FDR number, amount, date of maturity and maturity amount shall be furnished by UCO Bank to the respondents No.2 and 3.
6.
The maturity amounts of the FDRs be released to respondents No.2 to 4 in their aforesaid savings bank accounts of the respective beneficiaries. 7.
No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
8.
Punjab National Bank, Village Dera Branch, P.O. Dera, New Delhi - 110074 is directed not to issue any cheque book and/or debit card to respondents No.2 to 3 and if the same have already been issued, the Punjab National Bank is directed to cancel the same and make an endorsement on the passbook that no cheque book or debit card shall be issued to respondents No.2 to 4 without the permission of this Court. The passbooks containing the aforesaid endorsement be produced before this Court on the next date of hearing.
9.
However, Punjab National Bank shall permit respondents No.2 to 4 to withdraw money from their savings bank account by means of withdrawal form.
10.
List for reporting compliance on 21st November, 2017. 11.
Copy of this order be given dasti to counsels for the parties under signatures of the Court Master.
J.R. MIDHA, J.
OCTOBER 12, 2017 rsk