Savitri Devi vs Sohan Singh & Ors.
2014 Latest Caselaw 270 Del

$~19
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                             Judgment delivered on: 15th January, 2014

+                                CM(M) 1252/2013
       SAVITRI DEVI                                          ..... Petitioner
                          Represented by:     Mr.Sunil Kumar Verma,
                                              Advocate with Petitioner in
                                              person.
                          Versus

       SOHAN SINGH & ORS.                                  ..... Respondents
                    Represented by:           Mr.Pankaj Seth, Advocate for
                                              Respondent     No.3/Insurance
                                              Company.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. . (Oral)

CM No.........../2013 [(to be numbered) for exemption]

       Exemptions allowed, subject to all just exceptions.
       The application stands disposed of.
CM(M) 1252/2013
1.     Notice issued.
2.     Mr.Pankaj Seth, learned counsel accepts notice on behalf of the
respondent No.3/Insurance Company.
3.     Vide the instant petition, the petitioner is seeking withdrawal/release
of the amount lying in the form of FDR in her favour.
4.     For the aforesaid purpose, an application was moved by the petitioner
before the learned Tribunal, however, the same was dismissed vide order
dated 10.10.2013.

CM(M) 1252/2013                                                     Page 1 of 2
 5.     Being aggrieved with the said order, the petitioner has filed the
present petition before this Court.
6.     Learned counsel appearing on behalf of the petitioner submitted that
vide order dated 08.01.2013, while awarding compensation for a sum of
Rs.39,16,000/- along with interest at the rate of 7.5% per annum in favour
of the claimants, the learned Tribunal has apportioned 35% of the total
compensation in favour of the petitioner, who is widow of the deceased.
7.     He further submitted that 10% thereof was released in her saving
bank account to be opened in State Bank of India, Dwarka Courts, New
Delhi and the balance compensation amount was directed to be kept in the
form of FDRs.
8.     Keeping in view the averments made in the instant petition and the
submissions made by learned counsel for the petitioner, the Branch
Manager of State Bank of India, Dwarka Courts, New Delhi is directed to
release a sum of Rs.8,00,000/- (Rs.Eight Lakhs only) from the FDRs, as
noted in para 6 of the present petition, in favour of the petitioner on taking
necessary steps by her.
9.     In view of the above, this petition is allowed.
10.    A copy of this order be given dasti to the learned counsel for the
parties.
11.    The Registry of this Court is directed to send a copy of this order to
the Branch Manager of the aforementioned Bank for compliance.




                                                         SURESH KAIT, J.

JANUARY 15, 2014 sb