HARISH CHANDRA AND ANOTHER v. PANKAJ SRIVASTAVA AND 3 OTHERS
A227/1301/2025 · 2025-03-11
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127663 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127663 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:14922 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1301 of 2025 Petitioner :- Harish Chandra And Another Respondent :- Pankaj Srivastava And 3 Others Counsel for Petitioner :- Rohit Tripathi,Akarsh Asthana,Nida Navi,Shishir Srivastava,Syed Zulfiqar Husain Naqvi Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioners.
2. The present petition has been filed challenging an order dated 04.01.2025, whereby an application, filed by the petitioners for release of the amount deposited, was disposed of directing that 50% of the amount be released and the balance 50% be kept in a fixed deposit.
3. The facts are that on 27.11.2008, an award was passed under the Motor Vehicles Act, whereby claimant No.1 and claimant No.2 were awarded an amount of Rs.1 lac each to be paid immediately. The balance amount was directed to be kept in an interest bearing account for a period of five years. Consequently, after the expiry of five years, an application was filed for release of the said amount. However, the said application has been disposed of with direction that 50% of the matured amount shall be paid to the petitioners and balance 50% shall be retained in form of FDR. The said order is clearly arbitrary and illegal and is beyond the orders vested in the Tribunal under the Motor Vehicles Act.
4. Considering the fact that the petitioners are major and can take decisions with regard to the money awarded to them, I do not see any reason to sustain the said order. The order impugned is quashed.
5. The MACT is directed to release the entire amount in terms of the application moved by the petitioners within a period of two weeks from today, in accordance with law.
6. The petition is disposed of. Order Date :- 11.3.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench