Rajender Singh vs State Bank Of India
2014 Latest Caselaw 65 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                            Judgment delivered on: 3rd January, 2014

+                                CM(M) 3/2014

RAJENDER SINGH                                               ..... Petitioner
             Represented by:           Mr.Rajnish K. Jha, Advocate.

                    Versus

STATE BANK OF INDIA                                        ..... Respondent
             Represented by:           Mr.Rajiv Kapur, Advocate.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. By way of the present petition, the petitioner is seeking direction against respondent State Bank of India to release the complete amount lying deposited with it in the form of FDR A/c No.32944104851 with upto date interest in his favour.

2. Brief facts of the case are that on 18.10.2011 at about 04.10 pm when the injured/petitioner was crossing the road on foot at BRT Bus Lane, the offending vehicle, i.e., DTC Bus bearing registration No.DL-1PC-9453 (Route No.544) being driven by its driver at a very high speed, rashly, negligently and neglecting the Traffic Rules coming from Pushp Bhawan side to Khanpur hit him. Due to forceful impact of the offending vehicle, he fell down on the road and sustained grievous injuries on the body. He was

admitted in Trauma Center, AIIMS, New Delhi vide MLC No. 281164/11, where he was given treatment by the doctors and his left leg was amputated.

3. Thereafter, on 05.01.2012, the petitioner/ injured filed the claim petition before the learned Tribunal and the matter was settled in the Lok Adalat for a sum of Rs 7,10,000. While passing the compromise award, the Presiding Officer, Lok Adalat has directed to release 50% of the awarded amount in favour of the petitioner/injured and balance 50% was directed to be kept in the form of FDR for a period of three years.

4. Learned counsel appearing on behalf of the petitioner/injured submits that the petitioner had arranged finances for the marriage of his sister. He further submits that the petitioner is seeking release of the money lying in the aforementioned FDR as he requires the same to be repaid to the persons from whom he took the financial assistance at the time of marrying his sister.

5. For the aforesaid purpose, an application was moved by the petitioner before the learned Tribunal and the same has been rejected vide its order dated 11.07.2013.

6. Keeping in view the averments made in the instant application and the submissions made by the learned counsel for the petitioner/injured, I hereby set aside the order dated 11.07.2013.

7. Consequently, the Branch Manager of State Bank of India, Saket Courts, New Delhi is directed to release the amount lying deposited vide FDR A/c No.32944104851 along with upto date interest in favour of the petitioner on taking necessary steps by him.

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

9. The Registry of this Court is directed to send a copy of this order to the Branch Manager of the aforementioned Bank for compliance.

10. Accordingly, the instant petition is allowed.

SURESH KAIT, J.

JANUARY 03, 2014 sb