Citation : 2023 Latest Caselaw 9800 MP
Judgement Date : 28 June, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 405 of 2011
(DR. RANCHHODSINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 28-06-2023
Shri R.S.Trivedi, learned counsel for the appellant.
Shri Vaibhav Jain, learned counsel for the respondent.
Heard on I.A. No.5958/2023, an application for taking documents on record.
Present application is filed seeking return of original service book and the
LIC policy of Rs.3,20,162/-.
Vide impugned judgment learned Court has imposed the fine of Rs.19,61,756/- as the applicant (now dead) acquired properties from unknown source of income. The appellant expired during the pendency of this appeal and legal heirs have been brought on record. After the death, an LIC policy has been activated and nominee / legal heirs are entitled to get the amount.
Learned counsel for the appellant submits that so far as the service book is concerned, he has filed the certified copy of the service book and that can be replaced from the original service book.
Shri Vaibhav Jain, learned counsel for the respondent submits that the original service book cannot be returned to the appellant's legal heirs as the same was seized from the department and so far as the LIC policy is concerned, legal representatives are liable to deposit entire amount of Rs.19,61,756/-.
Heard.
So far as the return of original service book is concerned, since the certified copy has been filed, the same is liable to be returned to the department, Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 28-06-2023 18:47:37
as same would be required for settlement of terminal dues. So far as the LIC policy is concerned, the value of the policy is only Rs.3,20,164/- and the Late appellant had deposited 50% of Rs.19,61,756/-.
In view of the above, I.A. No.5958/2023 is allowed and accordingly disposed off. The service book be returned to Government Department and LIC policy be returned to the legal representatives of the appellant.
(VIVEK RUSIA) JUDGE
Divyansh
Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 28-06-2023 18:47:37
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