The High Court dismissed a writ petition filed by the petitioner seeking premature release of remaining compensation via Fixed Deposit Receipts. The Petitioner requested withdrawal of the petition, which was granted, resulting in the dismissal of the writ.
Writ petition dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~47
Through: Mr. Amit Srivastava, Ms. Akanksha and Ms. Uzma, Advocates
versus
TEHSIN & ORS. .....Respondents Through: None.
CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU
TARA VITASTA GANJU, J.: (Oral)
“3. The present Petition has been filed under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] impugning the award dated 27.01.2025 passed by the learned Presiding Officer, MACT (East) Karkardooma Courts, Delhi [hereinafter referred to as “Impugned Award”]. By the Impugned Award, the learned Tribunal has dismissed the Application seeking pre-mature release of the FDRs issued in the name of the Petitioner.
5.1 The learned Tribunal has thus found that approximately, a sum of Rs.12,00,000/- has already been released in favour of the Petitioner till date. In these circumstances, it was held that given the fact that the amounts have already been released, no reason is found for pre-mature release of the remaining amounts. It is apposite to set out the Impugned Award in this behalf which is set out below:
“Submissions heard. Record is perused. This is an application moved by petitioner No.1 seeking pre-mature release of the FDRs issued
Signature Not Verified
CM(M) 1166/2025 Page 1 of 3
Digitally Signed By:RAHUL Signing Da te:1 2.07.2025 04:49:57
in his name in terms of order dated 03.01.2024. It is mentioned in the application that petitioner No.1 is unemployed and has no source of income and he wants to run a small self employed business of manufacturing of use and throw plastic/thermal plates and tea cups and he requires to purchase some manufacturing machines and he has also made advance payment of Rs.1,25,000/- for purchase of the machines. It is therefore, prayed that 3 FDRs for a sum of Rs. 1,70,000/- each issued in the name of petitioner No.1 may be released to the petitioner No.1. Compensation in the present matter was granted in case MACP No.351/21 for the demise of his wife Shweta Jain. Further, approximately a sum of Rs.4 lakhs was released to the petitioner No.1 on 03.01.2024. admittedly, on application of the petitioner No.1, five FDRs for a sum of Rs.1,70,000/- each was prematurely released in favour of petitioner No.1 on 13.05.2024. The order on disbursement of compensation was done after hearing to the applicant and there is no change of circumstances since then. Approximately a sum of Rs.12 lakhs has already been released in favour of the petitioner No.1 till date. Directions have already been passed vide order dated 03.01.2024 for the purpose of regularly releasing of FDRs amount in his bank account and procedure for releasing of money in installments has been made. I find no cogent ground for breaking the FDR and premature release of remaining compensation .
Considering the contents and procedure of MACT, the purpose of releasing the money in installments would be defeated if the award amount of petitioner shall be released to her in one go. Thus, the application filed by PetitionerNo.1 stands dismissed.
File be consigned to Record Room.
Copy of order be given dasti.”
[Emphasis supplied]
Signature Not Verified
CM(M) 1166/2025 Page 2 of 3
Digitally Signed By:RAHUL Signing Da te:1 2.07.2025 04:49:57
TARA VITASTA GANJU, J
JULY 9, 2025 g.joshi
Signature Not Verified
CM(M) 1166/2025 Page 3 of 3
Digitally Signed By:RAHUL Signing Da te:1 2.07.2025 04:49:57
1 issue framed by the court
Whether the High Court should exercise its writ jurisdiction under Article 227 and Section 151 CPC to quash the dismissal of an application for premature release of Fixed Deposit Receipts as compensat
2 provisions across 2 enactments
NEERAJ JAIN
TEHSIN & ORS.
TARA VITASTA GANJU
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
