Court No. - 30
Case :- WRIT - C No. - 12963 of 2018 Petitioner :- Smt. Neeraj Raani Respondent :- Ashok Kumar And 2 Others Counsel for Petitioner :- Santosh Kumar Tripathi,Shailendra Singh Counsel for Respondent :- Vipin Chandra Dixit,Manish Malhotra
Hon'ble Vivek Kumar Birla,J.
Heard Sri S.K. Tripathi, learned counsel for the petitioner as well as Sri V.C. Dixit, learned counsel appearing for National Insurance Company Limited-respondent no. 2 and Sri Manish Malhotra, learned counsel appearing for Indian Overseas Bank- respondent no.3.
Present petition has been filed for quashing the order dated 02.12.2017 in Misc. Suit No. 1501 of 2017 in MAC No. 725 of 2015 passed by Ld. MACT/Additional District Judge, Court No. 11, Meerut. Further direction has been sought to direct the respondent no. 3 for releasing the deposited amount of Rs. 8,00,000/- through FDR No. 153304000003246 dated 19.04.2017 in the account of petitioner.
On 23.4.2018, the following order was passed :-
"Shri S.K. Tripathi, learned counsel for the petitioner, Shri Manish Malhotra, learned counsel for the respondents and Shri Vipin Chadra Dixit, learned counsel for the Insurance Company are present.
As prayed by Shri Vipin Chandra Dixit, learned counsel for the Insurance Company, put up this case on 25th of April, 2018 so as to enable him to obtain instructions as to whether any appeal is preferred against the order and in case any appeal is preferred the order passed thereon."
Today, it has been stated that no appeal has been filed by the Insurance Company before this Court and the entire amount has been deposited on the satisfaction of the decree.
The application was rejected on the ground that the petitioner has already received a sum of Rs. 3,45,604/- and he has not given any details regarding the education of her children, therefore the application is devoid of merit.
Submission of the learned counsel for the petitioner is that the deposited amount of Rs. 8,00,000/- which is in the shape of fixed deposit, will mature on 19.4.2020 be released in favour of the petitioner as the amount that has been initially released has been utilized towards re-payment of loans, education of four children and other usual maintenance. It is further submitted that the eldest daughter is about 19 years of age and about 90% of the awarded amount has been directed to be deposited and as such the petitioner is facing financial crunch.
Considering the submission advanced by learned counsel for the parties and perused the material available on record.
There is no doubt that the details of education of her children were not given along with the application moved on behalf of the petitioner, although it has been sought to be filed before this Court. It is a fact of life that certain amount is required for maintenance of the entire family including education of children. However, it is also a fact of life that the daughters of the petitioner are reaching marriageable age thus, more amount may be required at the time of their marriage. Hence, release of entire amount as prayed for would not be proper. Therefore, the respondent no. 3 is directed to release further sum of Rs. 2,00,000/- in favour of the petitioner by depositing the same in her bank account through electronic transfer.
In view of the discussion made herein above, petition stands partly allowed.
Order Date :- 26.4.2018 Siddhant Sahu