Delhi High Court
Om Parkash Mishra (Decd. Thr. ... vs Shrey Batra & Ors. on 26 November, 2010
Author: J.R. Midha
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.NO.68/2008
Date of Decision : 26th November, 2010
%
OM PARKASH MISHRA
(decd. thr. Legal Heir's) ..... Appellants
Through : Mr. O.P. Mannie, Adv. along
with appellant No.1(a)
versus
SHREY BATRA & ORS. ..... Respondents
Through : Ms. Manjusha Wadhwa and
Ms. Pallavi Sharma, Advs.
for R-3.
CORAM :-
HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may NO
be allowed to see the Judgment?
2. To be referred to the Reporter or not? NO
3. Whether the judgment should be NO
reported in the Digest?
J.R. MIDHA, J. (Oral)
1. Appellant No.1(a) - Reema is present in Court along with
her counsel and she submits that she is ready to settle this
case for an enhancement of `2,50,000/- in full and final
settlement. Ms. Manjusha Wadhwa, learned counsel for
respondent No.3 submits that she has received instructions
from respondent No.3 to agree to a settlement for
enhancement of `2,50,000/- including interest.
2. The appeal is disposed of as settled. The terms of the
settlement being that respondent No.3 shall pay a sum of
`2,50,000/- to the appellants.
3. The aforesaid amount of `2,50,000/- be deposited by
respondent No.3 with State Bank of India A/c Reema Tis Hazari
Branch, Delhi through Mr. H.S. Rawat, Relationship Manager,
Tis Hazari Branch, Tis Hazari (Mb: 09717044322) within 30
days.
4. Upon the aforesaid amount being deposited, the State
Bank of India is directed to release a sum of `50,000/- to
appellant No.1(a)-Reema by transferring the same to her
Saving Bank Account. The remaining amount of `2,00,000/- be
kept in fixed deposit in the following manner:-
(i) Fixed deposit for `25,000/- in the name of appellant
No.1(a)-Reema for a period of one year.
(ii) Fixed deposit for `25,000/- in the name of appellant
No.1(a)-Reema for a period of two years.
(iii) Fixed deposit for `25,000/- in the name of appellant
No.1(a)-Reema for a period of three years.
(iv) Fixed deposit for `25,000/- in the name of appellant
No.1(a)-Reema for a period of four years.
(v) Fixed deposit for `50,000/- in the name of appellant
No.1(b)-Master Mohit till he attains the age of
majority.
(vi) Fixed deposit for `50,000/- in the name of appellant
No.1(c)-Master Rohit till he attains the age of
majority.
5. The interest on the aforesaid fixed deposits shall be paid
monthly by automatic credit of interest in the Savings Account
of appellant No.1(a).
6. Withdrawal from the aforesaid account shall be permitted
to the appellants after due verification and the Bank shall issue
photo Identity Card to the appellants to facilitate identity.
7. No cheque book be issued to the appellants without the
permission of this Court.
8. The Bank shall issue Fixed Deposit Pass Book instead of
the FDRs to the appellants and the maturity amount of the
FDRs be automatically credited to the Saving Bank Account of
the beneficiary at the end of the FDRs.
9. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this Court.
10. Half yearly statement of account be filed by the Bank in
this Court.
11. On the request of the appellants, Bank shall transfer the
Savings Account to any other branch according to the
convenience of the appellants.
12. The appellants shall furnish all the relevant documents for
opening of the Saving Bank Account and Fixed Deposit Account
to Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis
Hazari (Mb: 09717044322).
13. Copy of the order be given dasti to counsel for both the
parties under the signatures of the Court Master.
14. Copy of this order be also sent to Mr. H.S. Rawat,
Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb:
09717044322) under the signature of Court Master.
J.R. MIDHA, J
NOVEMBER 26, 2010
aj
