Rajasthan High Court - Jaipur
Jaipur Vidyut Vitran Nigam Ltd vs Smt Narayani Devi on 2 September, 2016
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
Cmap70/2016
// 1 //
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
ORDER
IN
S.B. Civil Misc. Application No.70/2016
In
S.B. Civil First Appeal No.323/2001
1. Jaipur Vidyut Vitaran Nigam
Limited, Jaipur, Vidyut Bhawan, Jyoti
Nagar, Jaipur.
2. Chief Engineer, Jaipur Vidhyut
Vitaran Nigam Limited, Ram Nagar,
Bani Park, Jaipur
3. Assistant Engineer, Jaipur
Vidhyut Vitaran Nigam Limited, Jaipur
...Defendants/Appellants
Versus
1. Smt. Narayani Devi W/o late Shri
Malu Ram, resident of Village Nayala,
District Jaipur
2. Kali D/o late Shri Malu Ram
(minor)
3. Babu D/o late Shri Malu Ram
4. Narsi D/o late Shri Malu Ram
5. Sita D/o late Shri Malu Ram
(minor)
6. Krishna D/o late Shri Malu Ram
7. Anita D/o late Shri Malu Ram
8. Roshan s/o late Shri Malu Ram
9. Bhori Lal S/o Shri Raghunath
10. Jyana w/o Shri Bhorilal
...Plaintiffs/Respondents
Date of Order ::: 02.09.2016
Present
Hon'ble Mr. Justice Mohammad Rafiq
Mr. Siddhant Jain, counsel for plaintiffs-respondents/
applicants
Mr. Alok Garg, counsel for defendants-appellants/non-
applicants
####
By the Court:-
Mr. Alok Garg, learned counsel, who is present in the court, accepts notices on behalf defendants- appellants/non-applicants.
Heard learned counsel for the parties on the application.
Cmap70/2016
// 2 // This application under Section 151 of the Code of Civil Procedure has been filed on behalf of plaintiffs-respondents/applicants for releasing the amount lying deposited with Indian Overseas Bank, Tilak Nagar Branch, Jaipur, in fixed deposit receipt obtained pursuant to the order dated 22.05.2003 of this court in S.B. Civil Miscellaneous Application No.3123/2001 (in S.B. Civil First Appeal No.323/2001, which was filed against the judgment and decree dated 07.09.2001 of learned Additional District Judge No.1, Jaipur District, Jaipur in Civil Suit No.14/96 {219/95}). By the judgment and decree dated 07.09.2001, the suit filed by the plaintiffs-respondents/applicants was decreed in part for Rs.4,18,000/-. The appeal filed on behalf of defendants-appellants/non-applicants was dismissed by this court vide judgment/order dated 21.01.2016. This court, vide order dated 07.02.2002, while disposing of S.B. Civil Misc. Stay Application No.3123/2001, directed that premature withdrawal on the FDR, either by the claimants or by Registrar of this court, shall not be permissible without prior permission of this court. Pursuant to order of this court dated 07.02.2002, the party concerned deposited the decretal amount of Rs.4,18,000/- with the Registrar of this court and then the Registrar directed to invest the same in long term FDR initially for a period of 39 months with Indian Overseas Bank, Tilak Nagar Branch, Jaipur and accordingly the FDR was obtained. Prayer in this application made is that the Registrar of this court may be directed to encash the FDR and release the payment of aforesaid amount together with interest in favour of plaintiffs-respondents/applicants. The prayer Cmap70/2016 // 3 // is not opposed by learned counsel for appellant- defendant/non-applicants.
In view of the above, the application is disposed of directing the Registrar (Administration) of this court to encash the FDR and make payment of the amount together with interest thereon to the plaintiffs-respondents/applicants by depositing the same in their bank account number, particulars of which may be intimated to him either by learned counsel for plaintiffs-respondents/applicants or by plaintiffs- respondents/ applicants themselves.
Application accordingly stands disposed of.
(Mohammad Rafiq) J.
//Jaiman//44