Rapheek Khan vs Pancham Singh Parihar
2024 Latest Caselaw 6718 MP

Madhya Pradesh High Court

Rapheek Khan vs Pancham Singh Parihar on 5 March, 2024

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                  1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                          BEFORE
     HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
                     ON THE 5 th OF MARCH, 2024
                    CIVIL REVISION No. 43 of 2024

BETWEEN:-
RAPHEEK KHAN S/O SHRI AJMER KHAN, AGED ABOUT
43 YEARS, OCCUPATION NOTHING (DISABLED) R/O
NARWAR DISTRICT SHIVPURI(MADHYA PRADESH)

                                                              .....PETITIONER
(BY SHRI A.K.MANGAL - ADVOCATE )

AND
1.    PANCHAM SINGH PARIHAR S/O SHRI HARNAM @
      HARVILAS       SINGH        PARIHAR NAKA
      CHANDRAVADANI     THANA   JHANSI   ROAD
      LASHKAR    GWALIOR    THROUGH     MESARS
      VIJYANT TRAVELLERS SAMARJEET SINGH
      ROKSI PUL LASHKAR DISTRICT GWALIOR MP
      (MADHYA PRADESH)

2.    M/S VIJYANT TREVAL PVT. LTD. THR. PRO.
      SAMARJEET SINGH S/O SHRI SHIVRAJ SINGH
      BHADORIYA ROCXY PUL LASHKAR (MADHYA
      PRADESH)

3.    THE NEW INDIA INSURANCE COM. LTD.
      THROUGH DIVISIONAL MANAGER, DIVISIONAL
      OFFICE, CITY CENTER    L.I.C. BUILDING,
      GWALIOR (MADHYA PRADESH)

                                                           .....RESPONDENTS
(RESPONDENT NO. 3 BY SHRI A.K.AGRAWAL - ADVOCATE)

      This revision coming on for admission this day, the court passed the
following:
                                   ORDER

Petitioner has filed this civil revision under Section 115 of CPC against the order dated 4/1/2024 passed by 10th Motor Accident Claims Tribunal,

Gwalior in Claim Case No. 132/2010.

2. Petitioner's application for release of FDR amount has been negated by the impugned order.

3. It is the submission of learned counsel for the petitioner that for the marriage of his daughter petitioner took a loan of Rs. 6 lacs from private persons and now they are demanding their money and therefore, petitioner moved the aforesaid application; however, without any legal justification same has been turned down. In support of his submissions he relied upon the decision of Apex Court in the matter of A.V.Padma and Ors. Vs. R.Venugopal and Ors., 2012 ACJ 698 and order passed by this Court in

Cr.R.No. 320/2023 darted 8/5/2023 (Smt. Reena andOrs. Vs. Shambhu Dayal Kushwah and Ors.), wherein, somehow under the similar circumstances, order for release of amount has been passed.

4. Having perused the impugned order it appears that marriage was solemnized in year 2019 and in year 2022, petitioner was released a sum of Rs. 5,15,641/- in cash and therefore, the finding given by learned Court below appears to be justified that when on same grounds once the petitioner has been released a sum of more than Rs. 5 lacs then prayer for release of another sum of Rs. 4,50,000/- (total money in FDR) on same grounds would not be in good faith of petitioner as if total sum in FDR is released to petitioner then the purpose of depositing the money in FDR would be frustrated. As regards judgments cited by learned counsel for the petitioner, in the opinion of this Court same moves in different factual realm as facts of these cases are different from this one and therefore, same are not applicable in the facts and circumstances of the instant case.

Accordingly in the opinion of this Court, this revision sans merits and is hereby dismissed.

(ROOPESH CHANDRA VARSHNEY) JUDGE JPS/-

DN: c=IN, o=HIGH COURT OF MADHYA

JAI PRAKASH PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, 2.5.4.20=287738d30aabaeda9b10cecdf179cec8 65c7633f4cfb9e38ce14fcbb05b9522a,

SOLANKI postalCode=474001, st=Madhya Pradesh, serialNumber=8D6BC1C9FCE36623D0BD6B807 2A2D8C01433EBD48AE4F609F108CA8F8DE6B5 22, cn=JAI PRAKASH SOLANKI Date: 2024.03.07 12:17:05 +05'30'