Delhi High Court - Orders
Mohd. Sagir vs Bses And Anr on 11 January, 2019
Author: J.R. Midha
Bench: J.R. Midha
$~A-17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5553/2012 & CM APPL.47606/2018
MOHD. SAGIR ..... Petitioner
Through: Mr.Jawaid Hussain Khan, Advocate
versus
BSES AND ANR ..... Respondents
Through: Mr.Ravi Gupta, Senior Advocate with
Mr.Sunil Fernandes, Mr.Arnav
Vidyarthi, Mr.Sachin Jain, Advocates
for respondent No.1/BSES RPL.
Mr.A.K. Singla, Senior Advocate as
amicus curiae.
Mr.Satyakam, ASC for GNCTD with
Mr.Manish Kumar, Advocate
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
ORDER
% 11.01.2019
1. Mr.A.K. Singla, learned senior counsel and Mr.Ravi Gupta, learned senior counsel assisting this Court as amicus curiae submit that they will assist the petitioner to have an artificial arm through a charitable organization. It is further submitted that the petitioner would be provided the necessary support and guidance for his education and skill training in future. It is further submitted that Rs.18 lakh be kept in FDR in the name of the petitioner till he attains majority and the monthly interest be transferred to his savings bank account.
2. UCO Bank, Delhi High Court Branch is directed to disburse the amount of Rs.18 lakhs is as under:
(i) Rs.18,00,000/- be kept in FDR in the name of the petitioner till he attains majority and the monthly interest on the FDR be transferred to the savings bank A/c No.607310110003488 of the petitioner with Bank of India, Chhatarpur Branch, New Delhi (IFSC Code: BKID0006073).
(ii) Since the petitioner is minor, his savings bank A/c No. 607310110003488 with Bank of India, Chhatarpur Branch shall be operated by his father and natural guardian Mohd. Aziz who is directed to spend the monthly interest on the FDR of Rs.18 lakhs on the welfare of the petitioner.
The petitioner's father is directed to file an affidavit every three months giving the particulars of the amounts spent on the petitioner out of the interest received. Advance copy of the said affidavit shall be furnished by the petitioner to the learned amicus curiae. The petitioner's father shall also give the particulars of the school in which the petitioner is studying to the learned amicus curiae who are at liberty to contact the Principal of the school to ensure that the petitioner is getting good education.
(iii) Upon attaining majority, the principal award amount of Rs.18 lakhs be kept in FDRs in the following manner:
a. Rs.14,40,000/- be kept in 120 FDRs of Rs.12,000/- each in the name of the petitioner for the period 1 month to 120 months respectively with cumulative interest.
b. The balance amount of Rs.3,60,000/- be kept in a FDR for a period of seven years with cumulative interest.
c. The petitioner is at liberty to seek premature discharge of the FDR for Rs.3,60,000/- at the time of his marriage. The petitioner shall approach UCO Bank, Delhi High Court Branch along with the affidavit containing the particulars of the marriage along with the marriage card and the Manager, UCO Bank, Delhi High Court Branch shall thereafter discharge the FDR for Rs.3,60,000/- and transfer the FDR amount along with interest to the savings bank account of the petitioner. After the marriage, the petitioner shall file the affidavit before the UCO Bank, Delhi High Court Branch along with the marriage photographs within 15 days of the marriage.
3. All the original FDRs shall remain with UCO Bank, Delhi High Court Branch. However, the statement containing FDRs number, amount, date of maturity and maturity amount shall be furnished by UCO Bank to the petitioner.
4. The maturity amounts of the FDRs be released to claimant in his aforesaid savings bank account with Bank of India, Chhatarpur Branch, New Delhi.
5. No loan or advance or pre-mature discharge shall be permitted without the permission of this Court.
6. Bank of India, Chhatarpur Branch, New Delhi shall permit petitioner through his father and natural guardian, Mohd. Aziz to withdraw money from the savings bank account of the petitioner by means of a withdrawal form.
7. List for reporting compliance on 05th April, 2019.
8. Copy of this order be given dasti under the signature of the Court Master to counsel for the parties as well as learned amicus curiae.
J.R. MIDHA, J.
JANUARY 11, 2019 dk