Smt Dulari Devi & Ors. vs Pooran Chand & Ors.
2014 Latest Caselaw 1584 Del

$~29
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                             Judgment delivered on: 24th March, 2014

+                               CM(M) 284/2014

       SMT DULARI DEVI & ORS.                             ..... Petitioners
                    Represented by:          Mr.Anshuman Bal, Advocate.



                    Versus


       POORAN CHAND & ORS.                                 ..... Respondents
                   Represented by:           Mr.K.L. Nandwani, Advocate
                                             for Respondent No.3/Insurance
                                             Company.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

CM No.5230/2014 (for exemption)

Exemptions allowed, subject to all just exceptions. The application stands disposed of.

CM(M) 284/2014

1. Notice issued.

2. Mr.Nandwani, learned counsel accepts notice on behalf of the respondent No.3/Insurance Company.

3. With the consent of the parties, the instant petition is taken up for final disposal.

4. Vide the instant petition, the petitioners are seeking direction to release the amount lying deposited in FDR with State Bank of India, Saket Courts Branch, New Delhi, in their favour.

5. Learned counsel appearing on behalf of the petitioners submits that the petitioners are living in temporary kachcha house and during rains and cold weather; it is difficult to live in the said house. Therefore, the petitioners need money to build a pucca house, however, they do not have sufficient amount for the said purpose.

6. For the same relief, the petitioners have moved an application before the learned Tribunal, which was dismissed vide order dated 20.01.2014, hence the present petition.

7. Keeping in view the averments made in the petition and the submissions made by learned counsel for the petitioners, I direct the Branch Manager of the aforenoted Bank to release a sum of Rs.1,00,000/- each in favour of the petitioners on taking necessary steps by them.

8. I here make it clear, that if the amount being released is not sufficient for completion of the construction, the petitioners are at liberty to move an application before the learned Tribunal for releasing further amount on furnishing the photographs of the construction.

9. In view of the above, the petition is allowed.

10. The Registry of this Court is directed to send a copy of this order to the concerned Bank for compliance.

SURESH KAIT, J.

MARCH 24, 2014 Sb/jg