DEAR ALL,
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.
