Reliance General Insurance Co Ltd v. Manju Devi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 484/2015 RELIANCE GENERAL INSURANCE CO LTD ..... Appellant Through:

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

Mr. Rajiv Mishra, Adv. with the claimants.

Mr. Irfan Ahmad, Adv. for State Bank of India.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 06.11.2017 1.

Respondents No.1 and 4 are present in Court along with the passbooks of the savings bank accounts of respondents No.1 to 5 with State Bank of India, Mangolpuri Branch with necessary endorsement. The particulars of savings bank accounts of respondents No.1 to 5 are as under:- (i) Manju Devi, respondent No.1 A/c No.37180258450 State Bank of India Mangolpuri, Local Shopping Centre, O - Block Branch New Delhi IFSC : SBIN0004841 (ii) Ansh Aggarwal, respondent No.2 A/c No.37183228434 State Bank of India Mangolpuri, Local Shopping Centre, O - Block Branch New Delhi IFSC : SBIN0004841 (iii) Arnav Aggarwal, respondent No.3

A/c No.37184257179 State Bank of India Mangolpuri, Local Shopping Centre, O - Block Branch New Delhi IFSC : SBIN0004841 (iv) Prakash Aggarwal, respondent No.4 A/c No.31322355685 State Bank of India Mangolpuri, Local Shopping Centre, O - Block Branch New Delhi IFSC : SBIN0004841 (v) Uganti Devi, respondent No.5 A/c No.10665349778 State Bank of India Mangolpuri, Local Shopping Centre, O - Block Branch New Delhi IFSC : SBIN0004841 2.

The appellants deposited Rs.16,71,224/- (75% of the award amount) with UCO Bank, Delhi High Court Branch in terms of the order dated 29th May, 2015 out of which Rs.3,50,000/- was released and the balance amount is lying with the UCO Bank, Delhi High Court Branch. 3.

The appellants have deposited a further sum of Rs.6,11,224/- with UCO Bank, Delhi High Court Branch in terms of the order dated 31st August, 2016. As per the report submitted by UCO Bank, Delhi High Court Branch, a sum of Rs.21,36,670/- (Rs.15,02,175/- + Rs.6,34,495/-) is now available with UCO Bank, Delhi High Court Branch for disbursement. 4.

UCO Bank, Delhi High Court Branch is directed to keep Rs.19,00,000/- in the FDRs in the following manner:- (i) Rs.5,00,000/- be kept in 50 FDRs of Rs.10,000/- each in the name of respondent No.1 for the period 1 month to 50 months with cumulative interest.

(ii) Rs. 1,00,000/- be kept in 10 FDRs of Rs.10,000/- each in the name of respondent No.4 for the period 1 month to 10 months with cumulative

interest.

(iii) Rs. 5,00,000/- be kept in 50 FDRs of Rs.10,000/- each in the name of respondent No.5 for the period 1 month to 50 months with cumulative interest.

(iv) Rs. 4,00,000/- be kept in FDR in the name of Anshu (respondent No.2) till he attains majority. The monthly interest on this FDR be transferred to the savings bank A/c No.37180258450 of respondent No.1 with State Bank of India, Mangolpuri Branch. Upon attaining majority, UCO Bank, Delhi High Court Branch shall keep Rs.4,00,000/- in 40 FDRs of Rs.10,000/- each in the name of respondent No.2 for the period 1 month to 40 months with cumulative interest.

(v) Rs. 4,00,000/- be kept in FDR in the name of Arnav (respondent No.3) till he attains majority. Monthly interest on this FDR be transferred to the savings bank A/c No.37180258450 of respondent No.1 with State Bank of India, Mangolpuri Branch. Upon attaining majority, UCO Bank, Delhi High Court Branch shall keep Rs.4,00,000/- in 40 FDRs of Rs.10,000/- each in the name of respondent No.3 for the period 1 month to 40 months with cumulative interest.

5.

The balance amount, after keeping Rs.19,00,000/- in FDRs, be credited in the individual savings bank accounts of respondents No.1, 4 and 5 mentioned above in equal shares.

6.

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.1, 4 and 5.

7.

Upon maturity, the maturity amounts of the FDRs be released to respondents No.1 to 5 in their aforesaid savings bank accounts. 8.

No loan or advance or pre-mature discharge shall be permitted

without the permission of this Court.

9.

State Bank of India, Mangolpuri Branch shall permit respondents No.1 to 5 to withdraw money from their savings bank account by means of a withdrawal form.

10.

This appeal has already been disposed of and need not be listed again. 11.

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

J.R. MIDHA, J.

NOVEMBER 06, 2017 ak