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Thursday, August 06, 2015

RAJASTHAN HC ORDER


IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH AT JAIPUR
SB CIVIL MISC APPL NO. 322/2015
IN
S.B. CIVIL CONTEMPT PETITION NO. 760/2010

Krishna Murari Lal Asthana vs. Shri T.S. Vijayan & Ors

DATE OF ORDER                   ;                  30TH July, 2015

HON’BLE MR JUSTICE MOHAMMAD RAFIQ

Shri Arun Sharma for the petitioner
Shri Dharmendra Pareek, Addl. Govt. Counsel for the respondent.
***

Application has been filed by Life Insurance Corporation of India with the prayer that Registry of this Court may be directed to release 20% of the amount of Rs. 19,63,638/- in their favour to enable them to make payment of the said amount within a stipulated period to the writ-petitioner in terms of the order of Supreme Court dated 7.5.2015.

Shri Arun Sharma, leaned counsel for the applicant submits that applicant deposited three demand drafts namely: D.D. No. 078309 dt. 23.12.2011 for a sum of Rs. 4,35,513/-, D.D. No. 084746 dt. 6.12.2012 for a sum of Rs. 12,13,873/- and D.D. No. 089173 dt. 20.11.2013 for a sum of Rs. 3,14,252/-.

This Court called for the report from the office as to whether the amount of aforesaid demand drafts was realized. According to report of the office, the D.D. No. 089173 dt. 20.11.2013 for a sum of Rs. 3,14,252 is still lying in the office. However, the remaining two D.D.s are not traceable, but the photocopies thereof are available in the file.

Learned counsel for the applicant submits that all the demand drafts were issued by AXIS Bank and their time period for realization must have been expired. The Bank may be directed to issue fresh demand drafts or relase money to the applicant- LIC on their submitting an indemnity bond as the amount of the demand drafts has not been released by the Registrar so tht 20% of the amount of D.Ds may be released by the LIC for being disbursed to the writ petitioner.

Having regard to the facts aforesaid, the application is disposed of with following directions:

i) that the Registrar (Admn.) of this Court shall handover the original D.D. No. 089173 dt. 20.11.2013 for a sum of Rs. 3,14,252 and the photo copies of the D.D. No. 078309 DT. 23.12.2011 FOR A SUM OF Rs. 4,35,513/- & D.D. No. 084746 dt 6.12.2012 for a sum of Rs. 12,13,873/- to Shri Sobha Ram Mina, Marketing Manager, Life Insurance Corporation of India, Divisional Office, Bhawani Singh Road, Jaipur against a clear receipt and a declaration to the effect that the amount of D.D. No. 078309 dt. 23.12.2011 for a sum of Rs. 4,35,513/- & D.D. No. 084746 dt. 6.12.2012 for a sum of Rs. 12,13,873/-, original of whichare not traceable, has not been released so far.

ii) that the LIC shall submit an indemnity bond along with declaration of the Registrar (Admn.) of this Court to the concerned Branch of the AXIS Bank to the above effect which shall thereupon pay 20% of the aforesaid amount of Rs. 19,63,638/- i.e. Rs. 3,92,727.60 to Life Insurance Corporation of India in terms of the order of Supreme Court for disbursement to the writ petitioner and the remaining 80% shall be invested in the FDR within a period of one week, with the said AXIS Bank in the name of Registrar (Admn.), Rajasthan High Court, Bench Jaipur initially, for a period of one year, to be extended every year, subject to any other order that may be passed by the Supreme Court in the matter.
Sd.
(Mohammad Rafiq),J.