IN THE HIGH COURT OF JUDICATURE AT PATNA
MA No.171 of 1993
NATIONAL INSURANCE COMPANY LTD
Versus
SMT.VIJYA DEVI & ORS
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26 1/7/2008 Heard learned counsel for the petitioners/appellants
namely, Vijya Devi, Manish Dev @ Munna, Mayank Dev @
Tunna and Parwati Devi widow mother of Late J.J. Kumar. This
appeal has been filed on 15.11.2006 whereby and whereunder
a direction has been sought in respect of return of money
deposited in the account of M.A. Case No. 171 of 1993 with
interest given by Bank after deducting Rs. 50,000/- withdrawn
by Smt. Vijaya Devi and Rs. 50,000/- withdrawn by Ankur Raj
@ Raju Kumar respectively.
It is stated in paragraph 8 and in last paragraph of the
petition so as to infer that Vijaya Devi has withdrawn such
money in the year 2001 and Manish Dev on 24.3.2004
respectively.
Reference of paragraphs 7 and 25 of the order dated
24.9.1997 whereby the original appeal No. 179 of 1993 was
finally disposed of has been made in which a direction has been
given to deposit Rs. 2,66, 448/- in term deposit. Their respective
shares has also been made clear in respect of Vijaya Devi 23%,
Manish Dev @ Munna 23%, Mayank Dev @ Tunna 23%,
Ankur Raj @ Raju Kumar 23% and Parwati Devi mother of the
deceased 8% respectively.
It is made clear that uptill now Manish Dev @ Muna,
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Ankur Raj @ Raju Kumar and Parwati Devi have not withdrawn
any amount from the aforesaid Fixed Term Deposit.
The date of birth of Ankur Raj @ Raju Kumar as son of
the deceased and Vijaya Devi has been recorded in the School
register as 9th day of January, 1987 which ought to have been
corrected as per subsequently sworn affidavit by his mother.
Learned counsel for the petitioners/appellants, for the
present does not insist for payment of the money due to the
petitioner Ankur Raj which may be left on the ground that later
on some detailed petition in this regard shall be filed.
So far other petitioners are concerned i.e. namely,
Manish Dev @ Munna and Mayank Dev @ Tunna as well as
their mother Vijaya Devi, they may withdraw the money so
deposited in the Term Deposit of the Bank in their proportionate
share to the extent of 23% each and 8% to mother-in-law of
Vijaya Devi, namely Parwati Devi. The 23% of the deposit in
respect of payment of Ankur Raj @ Raju Kumar shall remain
intact till further order of this Court.
Rs. 50,000/- so withdrawn earlier by Vijaya Devi and
Manish Dev on their respective date of withdrawal shall be
computed on those dates for the purpose of future computation
of principal and interest accrued thereon on those dates and
thereafter final calculation shall be made by the Bank
Authorities in respect of all the claimants meaning thereby the
Principal plus interest will be a bit higher scale for those who
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had not withdrawn any money earlier from the Bank.
The petition in respect of all the petitioners/appellants
except Ankur Raj @ Raju stands disposed of.
The rest petitioners/appellants who happened to be
elder brothers, mother and grand-mother of Ankur Raj @ Raju
Kumar will be at liberty to file a separate petition if they are so
advised.
Principal and interest on the aforesaid dates shall be
calculated and distributed accordingly by the Bank Authorities
to the petitioners except Ankur Raj @ Raju Kumar. The money
of Ankur Raj @ Raju Kumar shall remain intact till further order
of this Court along with its interest.
S.Ali (Subash Chandra Jha, J.)