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FA/3102/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 3102 of 2009
=========================================================
REKHABEN
JOKHABHAI RATHOD - Appellant(s)
Versus
MADUBHAI
PANGALBHAI RATHOD & 2 - Defendant(s)
=========================================================
Appearance
:
(MR
KS ACHARYA) for
Appellant(s) : 1,MRHEMALKACHARYA for Appellant(s) : 1,
MR ANAND L
SHARMA for Defendant(s) : 1 - 2.
NOTICE SERVED for Defendant(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 11/02/2010
ORAL
ORDER
Heard
learned advocate Mr. HK Acharya on behalf of appellant original
claimant, learned advocate Mr. AL Sharma appearing for respondent
parents.
The
distribution application is preferred by all claimants before W. C.
Commissioner, Ahmedabad being application no. 75/2007 decided on
14/8/2007. The W. C. Commissioner has decided share of each
claimant, comes to Rs. 73,668/- including two minors widow and
parents. Out of that amount, Rs. 11,668/- has been paid to parents
by A/c payee cheque and that amount has been received by parents
from Commissioner.
Considering
submission made by both learned advocates and some extent matter has
been negotiated between parties. Now parents are entitled amount for
both comes to Rs. 1 Lacs. Out of that, Rs. 24,000/- for both person
required to be deducted then net amount comes to Rs. 76,000/- which
is to be paid to parents by A/c payee cheque in name of Madubhai
Pangalbhai Rathod. The rest of amount is to be remained with widow
and two minor son, which are already invested by Commissioner
including present amount.
Therefore,
it is directed to W. C. Commissioner, Ahmedabad to pay Rs. 76,000/-
in respect to share of father and mother by A/c payee cheque in name
of Madubhai Pangalbhai Rathod after proper verification which
satisfied claim of parents forever and parents have no right to
claim any amount from widow and minor children. The W. C.
Commissioner is directed to invest entire remaining amount in
Nationalized Bank for a period of five years in name of respondent
claimants widow and two minors but FDR is to be remained with
Commissioner, from that amount, widow Rekhaben Jokhabhai Rathod is
entitled monthly interest.
Therefore,
it is directed to W. C. Commissioner, Ahmedabad to incorporate a
condition with nationalized bank where amount will be invested, so
widow Rekhaben must get monthly interest from said FDR by A/c payee
cheque or in case if, she is able to give bank account number, then
that amount is directly credited by Nationalized Bank each month in
her account without fail regularly till two minors is become mature.
The said FDR is periodically renewed time to time till both minors
son become mature. If any amount is already invested let it be
encash for disbursement of parents as directed by this Court.
Thereafter, fresh investment may be made as per order passed by this
Court.
Accordingly,
present appeal is disposed of.
(H.K.RATHOD,
J)
asma
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