Allowed

Bikash Kumar Naik v. the New India Assurance Co. Ltd., Khurda

Orissa HC19 Dec 2023WP(C)/35150/2023

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking premature withdrawal of a fixed deposit amount. The court directed the respondent bank to release the funds subject to the filing of a fresh application by the petitioner within four weeks, accompanied by an original quotation. The authorisation is conditioned upon the petitioner subsequently producing proof of auto purchase within one month.

What did the court decide?

Prayer for premature withdrawal of Rs. 1,50,000 fixed deposit allowed subject to petitioner filing fresh application with original quotation within four weeks and producing proof of auto purchase with

Bikash Kumar Naik Vs the New India Assurance Co. Ltd… — Service and Employment | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) No.35150 of 2023

¶3

Bikash Kumar Naik

¶4

Petitioner

¶5

Mr. S.K. Pradhan, Advocate

¶6

Vs.

¶7

New India Assurance Co. Ltd., Bhubaneswar and others

¶8

Opposite Parties

¶9

CORAM: JUSTICE SANJAY KUMAR MISHRA

¶10

ORDER

¶11

19.12.2023

¶12

Order No. The matter is taken up through hybrid mode.

¶13

¶14

The Writ Petition has been preferred challenging the order dated 22.08.2023 passed in MACT Case No.04/67 of 2018, vide which the Court below rejected the petition of the present Petitioner (Claimant No.2 before the Court below), vide which a prayer was made for premature withdrawal of fixed deposit made in terms of judgment dated 30.11.2022 passed in MAC No.04/67 of 2018. Since the petition, which has been rejected by the Court below, has not been disclosed in the Writ Petition, liberty being granted, the Petitioner has disclosed the said petition along with quotation given by M/s Jagannath Auto, Rasulgarh, Bhubaneswar, supported with an Affidavit dated 11.12.2023, which is on record.

¶15

As is revealed from the said petition, the present Petitioner filed such petition praying therein to permit him to withdraw Rs.1,50,000/from the fixed deposit made in his favour on the ground that he being a married person and being father of the two minor daughters, is not doing any work, though he has got valid driving license. But, due to financial stringency and over burden of the family, who are dependent on him, he is unable to purchase an Auto to maintain his family.

¶16

Page 1 of 3

¶17

To substantiate the said plea taken in the petition, the present Petitioner enclosed thereto, the photocopy of the fixed deposit made in his favour, driving license and quotation given by one M/s Jagannath Auto, Rasulgarh, Bhubaneswar. However, the Court below rejected the said petition on the plea that the said Court, vide order dated 02.02.2023, allowed the present Petitioner to receive an amount of Rs.1,76,875/along with accrued interest of Rs.79,733/- in cash. Despite receiving the said amount, after 6 months of receipt of such huge amount, again such a prayer has been made for withdrawal of the money. The Petitioner has also not filed any reliable document to substantiate his prayer made in the Petition, except the quotation. The Court below has further observed that the Petitioner is a spendthrift person and spending money extravagantly and if such petition is allowed, he would spend the money otherwise.

¶18

In view of the reasons assigned before the Court below in the petition, which was rejected, this Court is inclined to allow the prayer made in the Writ Petition with an observation that the Petitioner shall move a fresh application before the Court below, supported with an Affidavit, within a period of four weeks hence, enclosing thereto a fresh quotation from the concerned Auto Dealer in original. On doing so, the Court below shall do well to deal with and dispose of the said application within a period of two weeks there after directing the concerned Bank to release the remaining fixed deposit amount of Rs.1,50,000/- (Rupees one lakh fifty thousand) with accrued interest thereon, preparing a Demand Draft in favour of the Auto Dealer, namely, M/s Jagannath Auto, Rasulgarh, Bhubaneswar. The concerned Bank be directed to hand over the Demand Draft to the Petitioner, enabling him to purchase an Auto for maintaining his livelihood, as prayed in this Writ Petition. The Bank shall intimate the Court below regarding the date of handing over the Demand Draft to the Petitioner.

¶19

Page 2 of 3

¶20

After receiving the Demand Draft from the Bank and purchasing the Auto, the Petitioner shall produce the relevant documents in proof of purchasing the Auto before the Court below within a period of one month from the date of receipt of the Demand Draft from the Bank, failing which appropriate action shall be initiated against the Petitioner in accordance with law.

¶21

The Writ Petition is disposed of with the above observation and direction.

¶22

Urgent certified copy of this order be granted on proper application as per rules.

¶23

padma

¶24

(S.K. MISHRA)
JUDGE

¶25

Signature Not Verified

¶26

Digitally Signed Signed by: PADMA CHARAN DASH Designation: Personal Assistant Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 23-Dec-2023 18:59:32

¶27

Page 3 of 3

Bikash Kumar Naik v. the New India Assurance Co. Ltd., Khurda

Case brief

What is this about?

What did the court decide?

Bikash Kumar Naik v. the New India Assurance Co. Ltd., Khurda

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Manabbadi Self-Help Vs State and Ors.

M/S.Mahavir Industries Vs Employees State Insurance Corporation

Sanghamitra Sahoo Vs the Divisional Manager, Nicl.

Anushrav Gantayat Vs State of Odisha

Budheswara Self Help Group, Puri Vs State of Odisha

Kishore Ch.Panda Vs State of Orissa