Rohit Rajesh Yadav v. Goretti Rajesh Yadav

1 15.caw-613.17.doc sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.613 OF 2017 IN WRIT PETITION NO.5429 OF 2000 Rohit Rajesh Yadav ... Applicant In the matter between Smt. Goretti Rajesh Yadav & Ors.

... Petitioners vs.

Union of India & Ors.

...Respondents

Mr. Vasantlal K. Rajbhar for the applicant. CORAM : A.S.OKA, & A. K. MENON, JJ.

DATE : 3RD MAY, 2017 P.C.

1. Heard the learned counsel appearing for the applicant. The applicant was the second petitioner in Writ Petition No.5429 of 2000. The writ petition was disposed of by the judgment and order dated 29th November, 2000. A sum of Rs.1,20,929/- was held payable to the present applicant. The said amount was ordered to be invested in a Nationalized Bank till the applicant attains maturity. The applicant's mother was permitted to withdraw the interest accrued on the said amount. Exhibit B to the application shows that the date of birth of the applicant is 3rd September, 1995. Therefore, the applicant attained the majority on 3rd September, 2013. Hence, the prayer for withdrawal of the

2 15.caw-613.17.doc amount deserves to be permitted.

2. The report of the Registrar (Judicial-II) records that the amount of Rs.1,20,913/- has been invested in Canara Bank in fixed deposit and that the interest accrued is being paid to the petitioners in the Writ Petition from time to time. The certificate issued by the Canara Bank shows that the fixed deposit is to mature on 2nd July, 2017.

3. Accordingly, we pass the following order:- (i) Registry to issue instructions to the Bank not to renew the fixed deposit after its maturity date i.e. 2nd July, 2017; (ii) After the fixed deposit matures, the applicant shall be permitted to withdraw the amount of Rs.1,20,913/- with interest accrued, if any, thereon;

(iii) Application is disposed of on the above terms. (A. K. MENON, J.) (A. S. OKA, J.)