C/SCA/15587/2024 ORDER DATED: 21/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15587 of 2024 ============================================ VARSHABEN MAHENDRAKUMAR PANCHAL Versus STATE BANK OF INDIA, GHOGHAMBA & ANR. ============================================ Appearance: MR. MAULIK M SONI(7249) for the Petitioner(s) No. 1 DS AFF.NOT FILED (N) for the Respondent(s) No. 2 MR BOMI H SETHNA(5864) for the Respondent(s) No. 1 ============================================ CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 21/11/2025 ORAL ORDER 1) The petitioner has filed the present petition seeking following relief(s):- “Your Lordship be pleased to quash and set aside order dated 05.08.2024 passed in M.A.C.M.A.(FDR) No.401 of 2024 in M.A.C.P. NO.21 of 2018 passed below Exh-1, passed by the Ld. Additional District Judge Panchmahal at Halol as well as be pleased to pass appropriate order and be pleased permit the petitioner to withdrawal Fix Deposit (receipt No.41116912615) amount of Rs.3,15,280/-.” 2) Having heard the learned Advocates for the respective parties, a perusal of record reveals that the petitioner along with other legal heirs of the deceased had filed petition being MAC Petition No.21 of 2018 which came to be partly allowed vide judgment and order dated 04.12.2021. Subsequently, as per the condition of the award 70% of amount is kept in Fixed Deposit. At present as the house of the petitioner is in dilapidated condition therefore the petitioner intended to renovate the house for which she has also sought necessary permission for construction C/SCA/15587/2024 ORDER DATED: 21/11/2025 and also obtained estimate for the same which are produced on record. The petitioner wants to withdraw the amount in FD for which he approached the Tribunal by way of filing MACMA No.401 of 2024, for premature withdrawal of amount lying in FDR and maturity date is 12.07.2027. 3) Considering the intention of the petitioner to renovate her residential house and the petitioner being widow having no other responsibility to maintain her children as they are major and considering the genuineness of ground and in view of the case of A. V. Padma & Ors. Vs. R. Venugopal & Ors., reported in (2012) 3 SCC 378, and the guidelines issued in the case of General Manager, Kerala State Road Transport Corporation, Trivandrum Vs. Susamma Thomas & Ors., reported in (1994) 2 SCC 176, this Court is of the view that present petition deserves consideration. 4) Accordingly, present petition is allowed. The petitioner is permitted for premature withdrawal of 50% amount lying in FDR No.41116912615 and the remaining 50% amount be released after submitting the bills or progress of renovation work before the learned Tribunal. 5) The concerned Bank is directed to pay the amount as discussed in above condition along with interest so accrued in the said FDR to the petitioner. 6) Direct service is permitted. (HASMUKH D. SUTHAR,J) ANKIT JANSARI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 24/11/2025 14:57:23