Disposed

Vandana Tyagi and Anr. v. Government of National Capital Territory of Delhi (Gnctd) and Ors.

Delhi HC7 Jan 2020W.P.(C)/11003/2019

Case brief

AI extract

What is this about?

The Court disposed of an application seeking clarification and modification of a prior judgment regarding PPF interest calculation. It observed the SBI had already written to petitioners clarifying terms and ordered the SBI to act accordingly.

What did the court decide?

The Court directed the SBI to act in accordance with its letter dated 20.1.2020 clarifying interest payment terms.

Vandana Tyagi and Anr. Vs Government of… — Civil Procedure and Limitation | Delhi HC (2020)

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$~28

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 11003/2019

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VANDANA TYAGI AND ANR. ..... Petitioner Through Mr. Praful Shukla with Mr. Umang Kapoor, Advs. versus

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GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI (GNCTD) AND ORS. ..... Respondent Through Mr. Kushagra Pandey with Mr. S.K. Pandey, Advs. for R-1/GNCTD. Mr. Akshit Kapur with Ms. Tanya Kapoor, Advs. for R-2/SBI.

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CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 23.01.2020

CM No.1165/2020

This is an application filed by the petitioner seeking clarification of the judgment dated 7.1.2020. There are two prayers made in the application. These prayers read as under:

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“i. To modify the Judgment dated 7th January 2020 to the extent that Greater Kailash-I, New Delhi as recorded in Para 38 of the Judgment be read as Greater Kailash-II, New Delhi;

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ii. To clarify the term 'accrued interest' as recorded in Para 38 of the Judgment, in light of the Prayer Clause [Para 47 (f) of the Petition] and afore stated contention.”

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Insofar as prayer clause (i) is concerned, the same was dealt with by me on 14.1.2020. The correction sought was ordered on that date. W.P.(C) 11003/2019 1/3

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As far as prayer clause (ii) is concerned, I am informed that the State Bank of India has written a letter to petitioner No.1 on 20.1.2020. A copy of the communication dated 20.1.2020 has been placed on record along with the statement of account pertaining to the petitioners’ deceased father, Mr. Adarsh Anand Ballabh Sharma (A.B. Sharma). The statement of account covers entries between 31.3.2007 and 31.3.2018.

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The letter dated 20.1.2020, to which I have made a reference above, states that the petitioners will be paid upon closure of the PPF account, the amount lying credited in the account along with the interest upto the end date of the previous month. The relevant extract of the letter, which is otherwise brief, is extracted hereafter:

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“... High Court order dated 07.01.2020 Regarding PPF account number 10819169395 in the name of Late Sh. Anand Ballabh Sharma

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As per PPF guidelines for settlement of deceased accounts, on closure interest will be paid upto the preceeding month in which account is closed at PPF rate of interest. We are enclosing the statement of account. If account is closed in the month of January 2020, interest will be paid upto the month of Dec 2019. On closure Rs.10,42,080/- (Rs 983564.47 plus intt upto Dec 2019 (Rs 58522/-) will be paid to the petitioners on production of below mentioned documents:

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PAN Card (KYC showing relationship with deceased)

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Address proof of the Petitioners

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Photo of the petitioners.

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Cancelled cheque of joint account of HDFC (00271000066085) maintained by petitioners and Mrs. Saroj Sharma.

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Death certificate

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Photo, Pan Card and address proof of Mrs. Saroj Sharma.. .”

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(emphasis is mine) W.P.(C) 11003/2019 2/3

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As would be noticed from the extract culled out above, SBI has offered to pay interest to the petitioners qua the amount lying in the PPF account of the deceased Late Mr. Adarsh Anand Ballabh Sharam.

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5.1 A copy of the said letter and the statement of account has been furnished to the petitioners as also to the counsel for the petitioners in the Court.

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Given this position, counsel for the petitioners says that the prayer made in clause (ii) has also been addressed and therefore, application can be closed.

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It is ordered accordingly. SBI will act in accordance with the letter dated 20.1.2020.

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W.P.(C) 11003/2019

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Counsel for the GNCTD seeks further time to place on record the compliance report supported by an affidavit of the concerned officer.

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8.1 Six weeks are accorded for this purpose.

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Renotify the matter on 14.4.2020.

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RAJIV SHAKDHER, J

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JANUARY 23, 2020 /pmc

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W.P.(C) 11003/2019

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Vandana Tyagi and Anr. v. Government of National Capital Territory of Delhi (Gnctd) and Ors.

Case brief

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Vandana Tyagi and Anr. v. Government of National Capital Territory of Delhi (Gnctd) and Ors.

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