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SCAO/251052006/2015 3/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 25105 of 2006
==========================================
REMANI
MENON & 1 - Petitioner(s)
Versus
K
G OMNAKUTTAN SUPERINTENDING ENGINEER & 3 - Respondent(s)
==========================================
Appearance
:
MS DAXA R
VYAS for Petitioner(s) : 1 ? 2.
MS MAMTA R VYAS for
Petitioner(s) : 1 - 2.
MR MEHUL S SHAH for Respondent(s) : 1,
MR
SURESH M SHAH for Respondent(s) : 1,
DELETED for Respondent(s) :
2,
MS E.SHAILAJA for Respondent(s) : 3 -
4.
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 23/10/2008
ORAL
ORDER
1. Ms
Mamta Vyas, learned advocate has appeared on behalf of the
petitioners and Shri Mehul S. Shah, learned advocate has appeared on
behalf of respondent no. 1. Petitioner no. 1 as well as respondent
no. 1 are personally present in the Court and they are identified by
the learned advocates appearing on behalf of the respective parties.
2. Learned
advocates appearing on behalf of the respective parties have
submitted that the consent decree has been passed by the learned
Family Court, Ahmedabad in Family Suit No. 1910/2000 vide judgement
and order dated 20/10/2008. The xerox of certified copy of the
judgement and decree passed in Family Suit No. 1910/2000 is placed on
record, which is directed to be taken on record. The learned
advocates appearing on behalf of the respective parties have
submitted that under the aforesaid decree, petitioners would be
entitled to in all Rs. 11 lakhs towards the entire claim of
maintenance etc. and on payment of Rs. 11 lakhs to the petitioners,
there shall not be any claim against respondent no. 1. It is
submitted that pursuant to the order passed by this Court, an amount
of Rs. 32,21,615/- is deposited with the Registry and the same is
invested in Fixed Deposits and the interest accrued thereon is being
utilised for the purpose of paying monthly maintenance in favour of
the daughter of respondent no. 1 and petitioner no. 1. It is
submitted that as per the order passed by this Court, petitioner no.
2 is being paid a sum of Rs. 10,000/- every month by way of
maintenance and up to August, 2008, the same is paid. It is
submitted that out of the aforesaid amount of Rs. 32,21,615/- with
interest accrued thereon, after deducting Rs. 10,000/- per month
already paid to petitioner no. 2 and after deducting any further
amount due and payable to petitioner no. 2 towards maintenance up to
October, 2008, Rs 11 lakhs be directed to be paid to the petitioners
and the balance amount alongwith interest accrued thereon as stated
hereinabove shall be paid to respondent no. 1 by an account payee
cheque. It is agreed by petitioner no. 1 that the amount of Rs. 11
lakhs to be paid to the petitioners be invested in fixed deposits
with any nationalised bank initially for a period of 1000 days and
the monthly periodical interest be paid to the petitioners.
Therefore, it is requested to dispose of the present Special Civil
Application with suitable directions.
3. In
view of the consent decree passed by the learned Family Court,
Ahmedabad dated 20/10/2008 in Family Suit No. 1910/2000, the present
Special Civil Application is disposed of with the following
directions;
(i) Petitioner
no. 2 shall be paid a sum of Rs. 10000/- per month towards
maintenance up to October, 2008. It is reported that petitioner no.
2 has been paid the maintenance as per the earlier order up to
August, 2008. If that be so, Registry is directed to pay first the
amount due and payable under the earlier order to petitioner no. 2
i.e. maintenance up to October, 2008 as paid earlier.
(ii) After
deducting the aforesaid amount as mentioned in Clause (i), out of he
balance amount, Registry is directed to pay Rs. 11 lakhs by an
account payee cheque in the name of petitioner no. 2 after obtaining
necessary receipts signed by both the petitioners in presence of the
advocate. On receipt of the said amount, petitioners are directed to
invest the aforesaid amount of Rs. 11 lakhs in the name of petitioner
no. 2 with any nationalised bank for a period of 1000 days and
petitioner no. 2 shall be entitled to periodical monthly interest of
the fixed deposits. The petitioners shall not be entitled to
withdraw any amount from the aforesaid fixed deposits either by way
of loan, advance etc. and the concerned Bank shall make necessary
noting on the said fixed deposits accordingly. The petitioners shall
produce the xerox copy of the fixed deposits on the record of the
present proceedings. In case of any urgent need to withdraw any
amount from the aforesaid fixed deposits, it will be open for the
petitioners, more particularly, petitioner no. 2 to approach this
Court by way of an appropriate application and the same shall be
considered looking to the need.
(iii) After
deducting the amount of Rs. 11 lakhs and the amount of maintenance as
stated in clause (i), the balance amount be paid to respondent no. 1
by an account payee cheque.
4. As
agreed between the parties, on payment of Rs. 11 lakhs, there shall
not be any claim by the petitioners against respondent no. 1. It is
agreed and admitted between the respective parties that all the
documents/certificates have been received by respondent no. 1 from
the petitioners and no documents/certificates are to be received by
respondent no. 1 from the petitioners.
5. With
this, the present Special Civil Application is disposed of.
6. The
Registry is directed to carry out the aforesaid direction at the
earliest but not later than four weeks from today.
(M.R.
SHAH, J.)
siji
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