Allowed
Joicy Joy @ P.J.Joy v. Unit Trust of India
Kerala HCWP(C)/1276/2010
Case brief
from the order text
What is this about?
HIGH COURT OF KERALA AT ERNAKULAM PRESENT :…
What the court decided
AI extract
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932
WP(C).No. 1276 of 2010(H)
PETITIONER(S):
JOICY JOY @ P.J.JOYCY, D/O.JOY, AGED 22 YEARS, PULICKAL HOUSE, KANNAMALI, KOCHI-8, NOW RESIDING AT KONNULLY HOUSE, PALARIVATTOM.P.O, SOUTH JANATHA, KOCHI-682 025.
BY ADV. SRI.MATHEW SKARIA SRI.K.J.JOSEMON
RESPONDENT(S):
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PETITIONER'S EXHIBITS: W.P.C. NO. 1276/2010
EXT.P1 PHOTOCOPY OF THE ACKNOWLEDGEMENT DT. 7.7.1993. EXT.P2 CERTIFICATE DT. 7-7-1993.
EXT.P3 COMMUNICATION DT. 15-10-2008.
EXT.P4 LAWYER NOTICE DT. 6-12-2008.
[TRUE COPY]
P.S TO JUDGE.
S. Siri Jagan, J.
W.P(C) No. 1276 of 2010
Dated this, the 17th day of May, 2010.
J U D G M E N T
Petitioner's uncle Mr. P.A. Johnson deposited an amount of Rs. 5,000/- in the Children's Gift Growth Fund Scheme, 1986 in the name of the petitioner. The said deposit has matured for payment. Although the petitioner approached the 1st respondent for disbursal of the maturity amount, the 1st respondent did not pay the amount. By Ext. P3, the petitioner has been informed that the unit certificate has been converted to CCP and a cheque for Rs. 21,025/- has been issued on 1-4-2004. The petitioner was further requested to take up the matter with the nearest UTI Mutual Fund Office. Although the petitioner approached the 1st respondent, the 1st respondent feigned ignorance about the same. It is under the above circumstances, the petitioner has approached this Court seeking the following reliefs:
Despite service of notice, the respondents have not entered
W.P.C. No. 1276/2010 -: 2 :-
appearance to contest the matter. In view of Ext. P3 letter, I am satisfied that the petitioner has proved his case. In the above circumstances, the writ petition is allowed as prayed for.
S. Siri Jagan, Judge.
Tds/
1 issue framed by the court
Whether the respondent is directed to pay the maturity amount of the Children's Gift Growth Fund Scheme with interest.
Joicy Joy @ P.J.Joycy
Unit Trust of India
S. Siri Jagan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court