Varsha Chaudhary vs
2021 Latest Caselaw 1011 j&K

                                                                    S. No.1
                HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                              AT JAMMU

                                                   CM No. 5578/2021 in
                                                   SWP No. 2391/2000



Varsha Chaudhary                                      ...Appellant/Petitioner(s)

                       Through :- Mr. Anil Mahajan, Advocate
                      v/s
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't
     UOI and others                                            .....Respondent(s)

                      Through :- Mr. Vishal Sharma, ASGI


Coram:          HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE



                                       ORDER

CM No. 5578/2021

1. This is an application by the petitioner for release of amount

deposited by the respondents with the Registry of this Court in terms of order

dated 26.05.2004 passed in SWP No. 2391/2000.

2. It is submitted by the learned counsel for the petitioner that vide

order dated 07.03.2002 passed in SWP No. 2391/2000, the respondents were

directed to keep the retiral benefits of the deceased in the form of FDR for the

period of five years in the first instance and the writ petition was finally disposed

of vide judgment and order dated 26.05.2004 whereby the order dated

07.03.2002 was made absolute with a direction to renew the fixed deposit from

time to time till minor attained majority. It is in compliance to this judgment, the

respondents have deposited the amount with the Registry of this Court.

3. It is the plea of the petitioner that she has now attained majority and

is entitled to file application for release of the said amount deposited by the

respondents in the Registry of this Court in compliance to the order dated

07.03.2002 read with order dated 26.05.2004 passed in SWP No. 2391/2000.

4. Mr. Vishal Sharma, learned ASGI appearing for the respondent does

not dispute the contention of the learned counsel for the petitioner. He would

submit that the orders passed by this Court have been complied with and the

requisite amount has been deposited with the Registry of this Court. Respondents

may not have any objection, if the same is released in favour of the petitioner.

5. In the aforesaid backdrop, this application is allowed. Registry is

directed to release the amount deposited by the respondents and kept in the FDR

in the name of the petitioner in her favour for the reason that the petitioner has

now attained majority and is entitled to receive the said amount.

6. Application stands disposed of.

(SANJEEV KUMAR) JUDGE JAMMU 02.09.2021 Paramjeet