United India Insurance Co Ltd v. Mahendra Singh Yadav & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 608/2015 UNITED INDIA INSURANCE CO LTD ..... Appellant Through:

None.

versus MAHENDRA SINGH YADAV & ORS ..... Respondents Through:

Arun Sharma, Adv. for R-1 and R-2

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 09.02.2017 1.

Vide judgment dated 23rd December, 2016, this Court had partially allowed the appeal by reducing the award amount from Rs.43,36,002/- to Rs.30,80,000/-.

2.

The appellant has deposited the entire award amount with the Registrar General of this Court on 12th August, 2015 out of which 50% amount has been released to respondent no.1 and the balance amount of Rs.28,17,253.50 is lying in fixed deposit with the Registrar General. 3.

As per the report of the Accounts Officer, a sum of Rs.16,45,574/- along with proportionate interest thereon is liable to be refunded to the appellant. The Registrar General is directed to instruct UCO Bank, Delhi High Court Branch to discharge the FDR for Rs.28,17,253.50 and release a sum of Rs.16,45,574/- along with proportionate interest thereon to the appellant.

4.

UCO Bank, Delhi High Court Branch is directed to disburse the balance amount of Rs.11,71,679.50 (Rs.28,17,253.50 - Rs.16,45,574/-) along with proportionate interest thereon to respondent no.2 in the following

manner:

(i) UCO Bank, Delhi High Court Branch is directed to keep Rs.11 lakh in 110 FDRs of Rs.10,000/- each in the name of respondent no.2 for the period of 1 months to 110 months respectively with cumulative interest. (ii) The original FDRs shall remain with UCO Bank, Delhi High Court Branch. However, the statement containing FDR numbers, amount, date of maturity and the maturity amount shall be furnished to respondent no.2. (iii) The maturity amount of the FDRs shall be transferred to the savings bank account of respondent no.2 with Bank of Baroda, Mandoli Branch. (iv) No loan, advance or pre-mature discharge shall be allowed without the permission of this Court.

5.

The balance amount after keeping Rs.11 lakh in FDRs be released to respondent no.2 by transferring the same to her savings bank A/c No.15530110100547 with UCO Bank, Delhi High Court Branch. 6.

This appeal has already been disposed of and need not be listed again. 7.

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

J.R. MIDHA, J.

FEBRUARY 09, 2017 dk