Vijay Pal Singh & ANR v. Braham Singh & ORS

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 3/2018 VIJAY PAL SINGH & ANR ..... Appellants Through:

Mr. Munish Kr. Sharma, Advocate versus BRAHAM SINGH & ORS ..... Respondents Through:

Mr. Akansha Dixit, Advocate

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 22.05.2018 C.M. Appl. 21515/2018 1.

Issue notice. Learned counsel for the appellant accepts notice. 2.

Learned counsel for respondent No.3 submits that respondent No.3 has prepared two cheques in the individual names of appellants No.1 and 2 instead of the Registrar General of this Court. Respondent No.3 seeks modification of the judgment dated 12th April, 2018 and permission to deposit the said cheques in the appellants' bank accounts with State Bank of India, Tis Hazari Court Branch.

3.

Learned counsel for the appellant submits that the appellants have savings bank account with State Bank of India, Tis Hazari Court Branch as per the particulars given hereinbelow: - 1.

Vijay Pal (appellant No.1) S.B. A/c No.37321141387 Tis Hazari Courts Branch.

(IFSC: SBIN0000726) 2.

Mausam Rani (appellant No.2) S.B. A/c No.37321241858

Tis Hazari Courts Branch.

(IFSC: SBIN0000726).

4.

Paras 6 and 9 of the judgment dated 12th April, 2018 are modified to the extent that respondent No.3 is permitted to deposit cheque No.017841 dated 15th May, 2018 for Rs.37,360/- in the S.B. A/c No.37321141387 of Vijay Pal with State Bank of India, Tis Hazari Courts. Respondent No.3 is further permitted to deposit cheque No.017853 dated 15th May, 2018 for Rs.4,79,906/- in the S.B. A/c No.37321241858 of Mausam Rani with State Bank of India, Tis Hazari Court Branch within one week from today. 5.

Upon the deposit of the aforesaid amount, State Bank of India, Tis Hazari Court Branch is directed to keep Rs.4,50,000/- out of Rs.4,79,906/- deposited in the account of Mausam Rani in 30 FDRs of Rs.15,000/- each for the periods 32 months to 61 months in the name of appellant No.2 (Mausam Rani) commencing from 01st June, 2018 with cumulative interest. The first FDR would mature on 30th June, 2018 and thereafter, every consecutive month.

6.

All the original FDRs shall be retained by State Bank of India, Tis Hazari Court Branch.

However, the statement containing FDR number, FDR amount, date of maturity and the maturity amount be furnished to the appellant No.2.

7.

The maturity amounts of the aforesaid FDRs along with interest shall be transferred to the individual savings bank account of appellant No.2 in Meerut i.e. to A/c No.35586139300 with State Bank of India, Kithore, Garh Road Branch, Meerut, U.P., IFSC Code: SBIN0002396, MICR-250002058. 8.

No loan or advance or pre-mature discharge shall be permitted without the permission of this Court.

9.

State Bank of India, Kithore, Garh Road Branch, Meerut shall permit appellant No.2 to withdraw money by means of withdrawal form. 10.

Respondent No.3 shall furnish the copy of this order to State Bank of

India, Tis Hazari Courts at the time of deposit of the cheque. 11.

Application is disposed of.

12.

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

J.R. MIDHA, J.

MAY 22, 2018 rsk