Delhi High Court
Ranju Paswan & Ors vs Mukesh Kumar & Ors on 4 October, 2016
$~1 & 2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 04th October, 2016
+ CM(M) 942/2016
1 RANJU PASWAN & ORS ..... Petitioners
Through: Mr. Sanjeev Bhatia, Adv.
versus
MUKESH KUMAR & ORS ..... Respondents
Through: Mr. Sameer Nandwani and Mr.
Junaidullah, Advs. for HDFC.
+ CM(M) 946/2016
2 RANJU PASWAN & ORS ..... Petitioners
Through: Mr. Sanjeev Bhatia, Adv.
versus
MUKESH KUMAR & ORS ..... Respondents
Through: Mr. Sameer Nandwani and Mr.
Junaidullah, Advs. for HDFC.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. Vide award dated 12th February, 2016, the Claims Tribunal
awarded the compensation of Rs.30,00,000/- to the legal
representatives of deceased, Upender Paswan. The disbursement of the
award amount by the Claims Tribunal is as under:-
S.No. Names Status Total Release Period of FDR
Entitlement Amount in
amount Rs. Rs.
1. Smt. Ranju Widow 11,00,000/- Rs.1,00,000/- Rs.2,00,000/- Three
Paswan years.
Rs.3,00,000/- Five
years.
Rs.5,00,000/- Ten
years.
2. Master Ravi Minor 5,00,000/- Nil Rs.5,00,000/-
Son till he attains the
age of 21 years.
3. Baby Raj Minor 5,00,000/- Nil Rs.5,00,000/-
Nandani Daughter till she attains the
age of 21 years.
4. Master Kishan Minor 5,00,000/- Nil Rs.5,00,000/-
Son till he attains the
age of 21 years.
5. Sh. Ram Father 2,00,000/- 50,000/- 1,50,000/- Five
Chander years
Paswan
6. Smt. Parwati Mother 2,00,000/- 25,000/- 1,75,000/- Five
years
2. The petitioners present in Court along with their counsel are
seeking pre-mature discharge of the FDRs to repay the loan and to
carry a kirana business in their residence.
3. In the facts and circumstances of this case, disbursement made
in the order dated 12th February, 2016 is modified.
4. Union Bank of India, Dwarka is directed to prepare fresh FDRs
for the amount of Rs.26,75,000/- in the following manner: -
Sr. Duration Pet. 1 Pet. 2 Pet. 3 Pet. 4 Pet.5 Pet. 6
No. of FDR Ranju Master Ravi Baby Raj Master Ram Smt.Parwati
Paswan (Minor son) Nandani Kishan Chander (Mother)
(Widow) FDR amount (Minor (Minor Son) Paswan FDR
FDR (Rs.) daughter) FDR (Father) amount
amount FDR amount amount (Rs.) FDR (Rs.)
(Rs.) (Rs.) amount
(Rs.)
1. 1 yr 50,000/- 5,00,000/- till 5,00,000/- till 5,00,000/- till 50,000/- 25,000/-
he attains the she attains the he attains the
2. 2 yrs 1,00,000/- age of age of age of 50,000/- -
majority. majority. majority.
3. 3 yrs 1,00,000/- - 50,000/-
4. 4 yrs 1,00,000/- On maturity On maturity On maturity - 50,000/-
the Bank the Bank shall the Bank
5. 5 yrs 1,00,000/- shall release release shall release - -
Rs.1,00,000/- Rs.1,00,000/- Rs.1,00,000/-
6. 6 yrs 1,00,000/- - -
and keep and keep and keep
7. 7 yrs 1,00,000/- balance balance balance - -
Rs.4,00,000/- Rs.4,00,000/- Rs.4,00,000/-
8. 8 yrs 1,00,000/- in four FDRs in four FDRs in four FDRs - -
for for for
9. 9 yrs 1,00,000/- Rs.1,00,000/- Rs.1,00,000/- Rs.1,00,000/- - -
each for the each for the each for the
10. 10 yrs 1,00,000/- - -
period of 1 period of 1 period of 1
year, 2 years, year, 2 years, year, 2 years,
3 years and 4 3 years and 4 3 years and 4
years. years. years.
TOTAL 9,50,000/- 5,00,000/- 5,00,000/- 5,00,000/- 1,00,000/- 1,25,000/-
GRAND TOTAL 26,75,000/-
5. The balance amount after issuing of FDRs for Rs.26,75,000/- be
released in equal proportion to Ranju Paswan (widow of the
deceased), Ram Chander Paswan (father of the deceased) and Parwati
(mother of the deceased).
6. Petitioners shall intimate the particulars of their savings bank
accounts to Union Bank of India, Dwarka.
7. The monthly interest on the FDRs of petitioners No.1 and three
minor children shall be credited in the savings bank account
No.536402010007250 of petitioner No.1, Ranju Paswan with Union
Bank of India, Dwarka. The interest on the FDRs of Ram Chander
Paswan and Parwati shall be credited to their individual savings Bank
accounts No. 536402010007248 and 536402010007249 with Union
Bank of India, Dwarka.
8. At the time of maturity, the fixed deposit amount shall be
automatically credited in the individual savings bank accounts of the
beneficiaries.
9. All the original FDRs shall be retained by Union Bank of India,
Dwarka. However, the photocopies of the same shall be provided to
the claimants/petitioners.
10. No cheque book or debit card be issued to the
claimants/petitioners without permission of this Court.
11. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
12. The claimants/petitioners shall approach the Union Bank of
India, Dwarka for completing the formalities for the disbursement of
the award amount in terms of this order.
13. The Union Bank of India, Dwarka shall ensure that the savings
bank accounts of petitioners are individual accounts and not joint
accounts.
14. Both the petitions are disposed of.
15. Copy of this judgment be sent to the presiding officer of the
Claims Tribunal who passed the impugned judgment.
16. Copy of this judgment be given dasti to learned counsels for the
parties under signature of Court Master.
17. Copy of this judgment be sent to the Union Bank of India,
Dwarka for compliance.
J.R. MIDHA, J.
OCTOBER 04, 2016
ak
