Rajesh Chaudhary vs Pappu Paswan & Ors.
2014 Latest Caselaw 1862 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                            Judgment delivered on: 4th April, 2014

+                                CM(M) 331/2014

RAJESH CHAUDHARY                                                 ..... Petitioner
            Represented by:            Mr.Sanjeev Srivastava,
                                       Advocate.

                    Versus

PAPPU PASWAN & ORS.                                          ..... Respondents
             Represented by:           None.


CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. By way of the present petition, the petitioner is seeking release of the

amount lying deposited in the form of FDR with State Bank of India,

Girdghar Plaza, Shalimar Garden, Ghaziabad, in his favour.

2. As averred in the instant petition, that matter has been settled in the

Lok Adalat held on 14.09.2013 for a sum of Rs.4,95,000/- towards full and

final settlement. Accordingly, an amount of Rs.2,95,000/- was given in cash

and rest of the amount, i.e., Rs.2,00,000/- was ordered to be kept in FDR for

a period of five years to be matured on 08.11.2018.

3. Learned counsel appearing on behalf of the petitioner submits that the

petitioner entered into a Sale Agreement to purchase a plot for a total value

of Rs.5,50,000/- and that initial amount of Rs.3,00,000/- has already been

paid by him. Original Sale Agreement dated 06.01.2014 is produced by the

learned counsel for the petitioner, which is seen and returned and photocopy

of the same is taken on record.

4. For the similar relief, an application was moved by the petitioner

before the learned Tribunal, however, the same was rejected vide order dated

31.01.2014. Hence, the present petition.

5. Keeping in view the averments made in the instant petition and the

submissions made by the learned counsel for the petitioner, I hereby set

aside the order dated 31.01.2014.

6. Consequently, the Branch Manager of State Bank of India, Girdghar

Plaza, Shalimar Garden, Ghaziabad, is directed to release the amount lying

deposited in the FDR along with upto date interest in favour of the petitioner

on taking necessary steps by him.

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

petitioner.

8. The Registry of this Court is directed to send a copy of this order to

the Branch Manager of the aforementioned Bank for compliance.

9. Accordingly, the instant petition is allowed.

SURESH KAIT, J.

APRIL 04, 2014 sb