Ravi Kumar vs Ramesh Kumar @ Ors.
2013 Latest Caselaw 4773 Del

$~38
*    IN THE HIGH COURT OF DELHI AT NEW DELHI


%                               Judgment delivered on:11th October, 2013

+                               CM(M) 1096/2013

       RAVI KUMAR                                            ..... Petitioner
                          Represented by:    Mr.Bhupesh Narula, Advocate.

                          Versus

       RAMESH KUMAR @ ORS.                                   ..... Respondents
                  Represented by:            None.


CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Vide the instant petition, the petitioner is assailing the order dated 09.07.2013, whereby the learned Tribunal has dismissed the application moved by the petitioner for releasing the awarded amount kept in the form of FDR in his favour.

2. Learned counsel appearing on behalf of the petitioner submits that the petitioner has attained the age of majority and has learnt repairing of mobile phone. He is running a shop of repairing the mobile phones at Shop No.3, Shakurpur, D Block, JJ Colony, New Delhi to earn his livelihood. He further submits that the petitioner wants to do the business of sale and purchase of mobile phone along with repair of the same and therefore, he

needs money for the same. Copy of rent agreement is placed on record which is at page No. 19.

3. Vide impugned award dated 09.09.2005, the petitioner was awarded 15% of the awarded amount, which is lying in the form of FDR with State Bank of India, Nirman Bhawan (New Delhi) Malulana Azad Road Branch.

4. Keeping in view the averments made in the petition and the submissions made by the learned counsel for the petitioner, order dated 09.07.2013 passed by the learned Tribunal is set aside.

5. Accordingly, the Branch Manager of aforesaid Bank is directed to release FDR of Rs. 4,22,455/- lying in the name of the petitioner alongwith upto date interest accrued thereon on taking necessary steps by him.

6. In view of the above, this petition is allowed.

7. A copy of this order be given dasti to the learned counsel for the petitioner.

SURESH KAIT, J.

OCTOBER 11, 2013 sb