Applicant in a pending first appeal attained majority; court discharged her guardian and allowed her to pursue the appeal in her own capacity, and ordered release of her share of the deposited award amount with proportionate interest to her bank account after verification.
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Smt. Ratna Devi vs. Smt. Vidya Devi & Ors.
CMP Nos. 6069 & 6070 of 2024. in FAO No. 55 of 2014.
08.05.2024 Present: Mr. C.D. Negi, Advocate, & Ms. Ruchika Khachi, Advocate for the applicant Archana Kumari.
Mr. Ashwani Negi, Advocate, vice Mr. Dibender Ghosh, Advocate, for nonapplicant/appellant.
CMP No. 6069 of 2024.
Application is not opposed. Further, the document annexed with the application reveal that the date of birth of applicant is 9th December, 2002. Accordingly, the applicant has attained the age of majority.
Application is allowed and the guardian of the applicant through whom she was earlier represented in FAO No. 55 of 2014 is discharged of the responsibility and the applicant is allowed to pursue her legal remedy in her own capacity. Application stands disposed of.
CMP No. 6070 of 2024.
Application is not opposed and the same is accordingly allowed. The award amount falling to the share of the applicant and lying in deposit in the Registry of this Court is ordered to be released in favour of the applicant along with proportionate interest accrued thereon till date by remitting the same to her saving bank account details of which are
provided in paragraph No.3 of the application, after due verification. Application stands disposed of.
(Satyen Vaidya) Judge
8th May, 2024. (Jai)
2 issues framed by the court
Whether the applicant, having attained majority, may be discharged from guardianship and pursue her remedy in her own capacity.
Whether the award amount deposited to the applicant's share should be released with interest.
Smt. Ratna Devi
Smt. Vidya Devi
Archana Kumari
Satyen Vaidya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
