Jawahar Lal Etc vs Ashok Kumar Etc
2011 Latest Caselaw 1945 Del

                                     UNREPORTED
*   IN THE HIGH COURT OF DELHI AT NEW DELHI

+                    CM(M) 371/2011


JAWAHAR LAL ETC                        ..... Petitioners
             Through:           Mr. Jatinder Kamra, Advocate along
                                with the petitioners in person

            versus

ASHOK KUMAR ETC                         ..... Respondents
            Through:            Ms. Manjusha Wadhwa, Advocate
                                for the respondent No.3


%                         Date of Decision : April 04, 2011

CORAM:
HON'BLE MS. JUSTICE REVA KHETRAPAL
1. Whether reporters of local papers may be allowed
   to see the judgment?
2. To be referred to the Reporter or not?
3. Whether judgment should be reported in Digest?

                          ORDER

: REVA KHETRAPAL, J.

CM 6531/2011 (Exemption)

Exemption granted subject to all just exceptions.

The application stands disposed of.

CM (M) No.371/2011

1. The prayer in the present petition is for the quashing of the

order dated 14.03.2011 passed by the Ld. MACT Judge in Suit No.

729/09 rejecting the application filed by the Petitioners for the release

of the sum of ` 3,60,000/- lying in two FDRs of ` 1,80,000/- each,

for purchase of a house bearing No. 13, with roof right area

measuring 25 sq. yds. (9'x25') out of Khasra No. 12/24/1, situate in

Village Razapur Khurd, Delhi State, Delhi, the colony known as Tilak

Enclave, Mohan Garden, Uttam Nagar, New Delhi-59, by the

Petitioners from one Sh. Sunil Kumar Gupta (hereinafter referred to

as "the vendor"). The Petitioners are the husband and wife, in whose

favour an award of ` 6,58,700/- was passed by the Ld. Motor

Accident Claims Tribunal, Delhi, on 29.11.2010 in the aforesaid Suit

No. 729/09. Vide the said order dated 29.11.2010, fifty percent of the

said award amount was directed to be kept in a fixed deposit in a

nationalized bank for a period of three years with no loan or advances

against the said fixed deposits. Accordingly, on 22.02.2011 two FDRs

of ` 1,80,000/- each bearing Account No. 31640310649 and

31640278070 were issued by the SBI, Tis Hazari Branch in the name

of Petitioner No. 1 and 2 respectively.

2. The statement of the vendor was recorded by this Court on

April 4, 2011 as also the statement of the petitioners i.e. Shri Jawahar

Lal and Smt. Soni @ Sunita, who propose to buy the house in

question. In the statement of the vendor, it has been stated that he has

agreed to sell the said property vide Agreement to Sell dated

04.03.2011 for a total consideration of ` 5,90,000/- out of which a

sum of ` 2,35,000/- has already been paid to him as earnest money

by the petitioners and the balance amount of ` 3,55,000/- remains to

be paid at the time of handing over physical possession of the said

property on or before 30.03.2011, which period has been extended by

agreement to 11.04.2011 in Court today. The petitioners in their joint

statement have prayed that the amount deposited in aforesaid Fixed

Deposit Receipts in their name in SBI, Tis Hazari Branch may be

released to them so as to enable them to purchase the property in

question. The Agreement to Sell dated 04.03.2011 alongwith the

proof of receipt of ` 2,55,000/- as earnest money by the vendor have

been placed on record as "Ex - P1" and "Ex - P2" and the title deeds

of the vendor have also been placed on record. It has also been stated

by the petitioners that they have a large family with 10 children and

are in need of a permanent abode in Delhi. It is further submitted that

the petitioners intend to acquire an asset in the form of the said house

property.

3. In the aforesaid circumstances, it is ordered that the sum of `

3,60,000/- lying in the form of two FDRs bearing Account No.

31640310649 and 31640278070 in the name of the petitioners Shri

Jawahar Lal and Smt. Soni @ Sunita respectively in SBI, Tis Hazari

Branch be released to them on their furnishing an undertaking to the

Registrar General of this Court that on purchase of the property in

question, they will deposit the title deeds thereof with the Registrar

General of this Court and the further undertaking that they will not

sell, dispose of or alienate in any manner the said property for a

period of three years from the date of deposit thereof. At the time of

the release of the two Fixed Deposit Receipts in the sum of `

1,80,000/- each, the Registrar General, as already stated above, shall

obtain from the Petitioners undertakings as set out above.

4. The petition stands disposed of accordingly.

Copy of this order be given dasti to the counsel for both the

parties, as prayed.

REVA KHETRAPAL (JUDGE) April 04, 2011 km