The New India Assurance Co Ltd v. Sunita Namdev & ORS

$~43 &44 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 1062/2017 THE NEW INDIA ASSURANCE CO LTD ..... Appellant Through:

Mr. (name not given), Advocate versus SUNITA NAMDEV & ORS ..... Respondents Through:

Mr. R.K. Sharma, Advocate + MAC.APP. 1071/2018 & CM Nos.1352-53/2020 SUNITA NAMDEV & ORS ..... Appellants Through:

Mr. R.K. Sharma, Advocate versus RAMJI BHAI PATEL @ SHERE PATEL & ORS (THE NEW INDIA ASSURANCE CO LTD) ..... Respondents Through:

Mr. (name not given), Advocate

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 13.03.2020 CM No.1353/2020 (exemption) in MAC App. No.1071/2018 Allowed, subject to just exceptions.

CM No.1352/2020 in MAC App. No.1071/2018 1.

The claimants are seeking modification of the order dated 31st May, 2019, whereby this Court has disbursed the amount in a phased manner. 2.

Respondent No.1, present in the Court, seeks premature discharge of the FDR to buy a property. However, respondent No.1 has no permanent means of sustenance for herself and her four minor children 3.

Since respondent No.1 has no permanent means of sustenance, it is By:RAJENDER SINGH KARKI 14:10:35

not in the interest of justice to discharge the FDR. 4.

Had the deceased been alive, he would have given the amount every month to the family for sustenance.

5.

The application is dismissed.

MAC No.1062/2017 & MAC No.1071/2018 6.

The claimants have not yet completed the KYC details. Let the same be completed within two weeks.

7.

These appeals have already been disposed of and need not be listed again.

8.

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

J.R. MIDHA, J.

MARCH 13, 2020 tp By:RAJENDER SINGH KARKI 14:10:35