Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 4141 of 2018 Petitioner :- Smt. Poonam Sharma And 3 Others Respondent :- Additional District And Session Judge And Another Counsel for Petitioner :- Anwar Hussain
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners.
Present petition has been filed seeking setting aside the impugned order dated 18.5.2018 passed by the Additional District & Sessions Judge, Court No. 1, Alilgarh, respondent no. 1 in Misc. Case No. 373 of 2018, Smt. Poonam Sharma and others Vs. National Insurance Co. Ltd. filed as Annexure-5 to the petition whereby the application of the petitioners to release the amount of Rs. 5 lacs invested in fixed deposit for a period of five years vide award dated 23.4.2016 has been rejected by the court below.
An application was moved on 13.2.2018 before the court below that an amount of Rs. 5 lacs of the share of petitioner no. 1, deposited in Fixed Deposit, be released as it is required for purchasing a house. During pendency of the aforesaid petition the property was actually purchased by the petitioners. Submission is that the property was purchased after taking loan from other persons which is to be returned. As such, there is sufficient documentary evidence that the money is required by the applicant and the same is liable to be released.
I have considered the submissions and have perused the record.
By the impugned order noticing the fact that the applicant has not filed any document regarding purchase of the house and the requirement of money for this purpose has also not been shown, as such, the application was rejected.
There is no doubt that before this Court the sale deed was not filed, however, it cannot be also disputed, subject to verification, that the property was purchased during pendency of the release application. Under such circumstances, the application filed by the petitioners is required to be reconsidered.
Accordingly, the the impugned order dated 18.5.2018 passed by the Additional District & Sessions Judge, Court No. 1, Alilgarh, respondent no. 1 is set aside. The matter is remanded back to the court below for consideration of the application of the petitioners for release of the aforesaid amount. The petitioners are at liberty to file an affidavit alongwith relevant documents in support of his applications bringing on record subsequent developments. The court below shall consider the application for release of the amount of the petitioners in the light of the judgment of the Hon'ble Apex Court in the case of General Manager, Kerala State Road Transport Corporation, Trivendrum vs. Susamma Thomas and others 1994 AIR (SC) 1631 and Rule 220-B of the U.P. Motor Vehicle Rules, 1998, preferably within a period of two months from the date of production of a certified copy of this order.
With the aforesaid observations, this petition stands allowed. No order as to costs.
Order Date :- 31.5.2018 p.s.