The High Court allowed the writ petition, directing the MACT Kota to immediately release five Fixed Deposit Receipts totaling Rs.1,25,000 awarded to the petitioner for financial crisis.
Direction to the MACT Kota to release five F.D.Rs totaling Rs.1,25,000 in the petitioner's favor forthwith upon production of the certified copy of the order.
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SBCWP NO.1102/08.
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B. CIVIL WRIT PETITION NO.1102/2008.
Kailash Bai
Vs.
Addl.District Judge (Fast Track) No.3 & Judge, MACT Kota.
Date of order : 7/2/2008.
HON'BLE MR.JUSTICE MOHAMMAD RAFIQ
Shri Naseem Uddin Qazi for the petitioner. ***
BY THE COURT :-
This writ petition has been filed by the claimant-petitioner challenging the order dated 17/12/2007 passed by M.A.C.T. Kota. The said Tribunal dismissed the application submitted by the petitioner for premature release of the F.D.R. The Tribunal awarded a total award of Rs.4,62,000/- in favour of the claimant-petitioner out of which, Rs.50,000/- was paid to the claimant-petitioner on the basis of no fault liability and remaining amount of Rs.1,35,410/- was directed to be deposited in the saving account of the petitioner in five F.D.Rs. of 3, 6, 9, 12 and 15 years bearing F.D.R. Nos.3666278 to 3666282 to be drawn in
SBCWP NO.1102/08.
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the Union Bank of India, Branch Kota. The petitioner filed the application for the premature release of the F.D.R. due to financial crisis but the learned Tribunal rejected the same by the impugned-order.
Having heard learned counsel for the parties and perused the material on record, I deem it appropriate to allow this writ petition.
In the result, the writ petition is allowed.
It is, therefore, directed that five F.D.Rs. bearing Nos.3666278 to 3666282 drawn in the Union Bank of India, Branch Kota for Rs.25,000/- each with interest upto date in M.A.C.T. Case No.581/2006 be released in favour of the claimant-petitioner. The respondent is directed to make payment of the aforesaid five F.D.Rs. to the petitioner forthwith at premature stage on production of certified copy of this order in view of the financial crisis of the petitioner.
(MOHAMMAD RAFIQ), J.
anil
1 issue framed by the court
Whether the petitioner is entitled to the premature release of Fixed Deposit Receipts awarded against her.
Kailash Bai
Addl.District Judge (Fast Track) No.3 & Judge, MACT Kota
Mohammad Rafiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
