Ahalyarani Samanta Vs Ajit Mohanty

2. This Writ Petition has been preferred by the Petitioner, who was the Claimant before the 3^rd M.A.C.T., Jajpur in M.A.C. Case No.168 of 2019, being aggrieved by order dated 05.02.2024, vide which her petition dated 29.01.2024 for premature release of the fixed deposit amount kept in her name for a period of five years in terms of Order dated 11.02.2023 passed in the National Level Lok Adalat stood rejected by the Claims Tribunal.

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3. The said prayer was made before the Tribunal on the ground that the Petitioner incurred hand loan/friendly loan from her family friends for solemnizing the marriage ceremony of her daughter on 17.06.2022. However, the

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Claims Tribunal rejected the said petition on the ground that no proof, except the invitation card, is available before the Tribunal in order to hold that the Petitioner is in need of money and the submission made by the learned Counsel for the Petitioner is not sufficient to satisfy the Tribunal in respect of the grounds taken in the Petition for premature release of the money kept as fixed deposit.

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4. On being directed by this Court vide order dated 01.05.2024, the Petitioner filed an Affidavit on 08.08.2024. Paragraph-2 of the said Affidavit, being relevant, is extracted below for ready reference.

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“2. That I have incurred hand loan from two persons, details of which are given below to meet the expenses of the marriage of my daughter .

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Name of the lenders	Amount of Loan	Amount due
1. Sumants kar,	Rs.1,50,000/-	Rs.1,50,000/-
S/o Dwarikanath Kar
Badasasana,
Jajpur Town, Jajpur
2. Parameswar Panda,	Rs.1,00,000/-	Rs.1,00,000/-”
S/o Duryodhar Panda,
Baranath, Jajpur Town Jajpur

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(Emphasis supplied)

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5. Pursuant to the said Affidavit, again being directed by this Court vide order dated 13.08.2024 to file further Affidavit regarding the relationship of the Petitioner with the persons named in Para-2 of the Affidavit dated 08.08.2024, learned Counsel for the Petitioner files an Affidavit in Court today in terms of the said order dated

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13.08.2024. Para-2 of the said Affidavit being relevant, is extracted below for ready reference.

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“2. That I have incurred hand loan from two persons, details of which were furnished in my earlier affidavit. Both the person from whom I have taken loan are my family friends. Bank Account details of the said persons are given below .

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*Name*	*Bank*	*Account No.*	*IFSC*
*Parameswar* *Panda,*	*Canara* *Bank*	*4923101003526*	*CNRB0004923*
*Sumanta Kar*	*ICICI*	*216201501783*	*ICIC0002162*

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(Emphasis supplied)

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6. In view of the averments made in the Writ Petition so also Affidavits filed by the Petitioner, the impugned order passed by the Claims Tribunal dated 05.02.2024 in M.A.C. Case No.168 of 2019 is set aside and quashed.

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7. As agreed by the learned counsel for the Petitioner, instead of releasing the entire fixed deposit amount with accrued interest thereon, as prayed in the Writ Petition, the Claims Tribunal is directed to pass appropriate order to release Rs.1,50,000/- (Rupees one lakh & fifty thousand) in favour of Sumanta Kar and Rs.1,00,000/- (Rupees one lakh) in favour of Parameswar Panda directing the concerned bank to directly transmit the said amount through RTGS to the concerned bank accounts of the said persons, as detailed above. The rest amount with accrued interest, till the date of premature encashment of fixed

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deposit, be released in favour of the Petitioner namely, Ahalyarani Samanta. The concerned bank be instructed to do the needful at the earliest in terms of the said order. The entire exercise shall be completed within a period of four weeks from the date of production of the certified copy of this order.

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8. Urgent certified copy of this order be granted on proper application.

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(S. K. Mishra) Judge

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Prasant

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Signature Not Verified

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Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 05-Sep-2024 15:36:13

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Ahalyarani Samanta v. Ajit Mohanty

Case brief

What is this about?

What did the court decide?

Ahalyarani Samanta v. Ajit Mohanty

Case brief

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What did the court decide?

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What the court decided

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Coram

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