The High Court revisedly disposed of two petitions challenging the rejection of FDR amount release. The court accepted the petitions as an emergency and released the deposited compensation.
Impugned orders dated 21.12.2009 set aside; compensation amount in FDRs ordered to be released forthwith.
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 PUNJAB AND HARYANA AT CHANDIGARH
CR No.163 of 2010 Date of decision: 20.1.2010
| Jaspal Kaur | Versus | ......Petitioner(s) |
|---|---|---|
| Ashu & ors. | ......Respondent(s) | |
| (CR No.245 of 2010) Parminder Singh |
Versus | ......Petitioner(s) |
| Ashu & ors. | ......Respondent(s) |
CORAM:HON'BLE MR.JUSTICE RAKESH KUMAR GARG
Present: Ms. Seema Pasricha, Advocate for the petitioner(s).
Rakesh Kumar Garg, J.(Oral)
This order shall dispose of two revision petitions i.e CR Nos.163 & 245 of 2010 which have been filed by the petitioners challenging the orders dated 21.12.2009 on separate applications filed by them whereby these applications for release of the compensation amount which was lying deposited in the FDRs, as per the award dated 11.1.2008 passed by the Motor Accident Claims Tribunal, Karnal, have been rejected.
Despite service, no one is present on behalf of respondent No.3 in CR No.163 of 2010.
Learned counsel appearing on behalf of the petitioners has vehemently argued that while passing the award dated 11.1.2008, the Motor Accident Claims Tribunal had given liberty to the claimants to apply for withdrawal of the amount deposited in the FDRs in case of emergency to meet such contingency. According to the learned counsel for the petitioners, the petitioners need the amount i.e. the petitioner in CR No.163 of 2010 needs the amount as marriage of her daughter is fixed for 25.1.2010 and the petitioner in CR No.245 of 2010 seeks release of amount to improve his business.
CR No.163 of 2010
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The aforesaid assertions made by the petitioners are supported by their respective affidavits.
In view of the aforesaid facts, these revision petitions are accepted. Impugned orders dated 21.12.2009 in both the petitions are set aside and the amount of the petitioners lying in the FDRs is ordered to be released to them forthwith.
Copy of this order be given dasti on payment of usual charges.
January 20, 2010 (RAKESH KUMAR GARG) ps JUDGE
Jaspal Kaur
Ashu & ors.
Parminder Singh
Ashu & ors.
Rakesh Kumar Garg
As recorded by the court registry
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