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2025 DAILYLAW 7236 (GUJ)

HASAN LALMOHAMMAD KURESHI v. MANAGER - INDIAN BANK , GODHRA BRANCH

SCA/15706/2025 · 2025-11-24

Hasmukh D Suthar

body2025

Judgment text

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C/SCA/15706/2025 ORDER DATED: 24/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15706 of 2025 ========================================================== HASAN LALMOHAMMAD KURESHI Versus MANAGER - INDIAN BANK , GODHRA BRANCH & ANR. ========================================================== Appearance: MR MAKBUL I MANSURI(2694) for the Petitioner(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 24/11/2025 ORAL ORDER 1) By way of this petition, the petitioner has prayed for quashing and setting aside the order dated 06.10.2025 passed by learned MACT (Aux.), Panchmahals at Godhra, in MACMA No.1692/2025 in MACP. No.185/2016 and thereby, seeks direction directing the Tribunal to release an amount of Rs.2,49,588/- which is lying with respondent NO.1- Indian Bank as an FDR. 2) From the record, it appears that the petitioner is su4ering from polio since long and received serious injuries in a vehicular accident occurred on 23.11.2015. Therefore, he had preferred claim petition before the Tribunal which came to be allowed and an amount of Rs.2,49,588/- was ordered to be kept in FDR. 3) It is submitted that, the petitioner has become handicapped due to vehicular accident and is unable to do work. Now, the petitioner intends to purchase TATA tempo to earn his livelihood and for that purpose, he has to make down payment of the said vehicle to Raj Motors. Quotation of the vehicle is annexed with the petition. 4) In view of the above, as the petitioner has become handicapped in the vehicular accident and is not in a position to work, he now intends to purchase a tempo for his livelihood. Therefore, it is expedient to release C/SCA/15706/2025 ORDER DATED: 24/11/2025 a sum of Rs. 2,49,588/- in favour of the petitioner to enable him to deposit the said amount as a down payment for the vehicle with Raj Motors, a dealer of TATA Motors. It is made clear that, after obtaining the loan, the petitioner shall furnish loan documents before the Tribunal forthwith. 5) Accordingly, the present petition is allowed. The Nazir Department of the concerned Tribunal is directed to release/transfer an amount of Rs. 2,49,588/- to the bank account of Raj Motors, TATA Commercial Dealer, Piplodi, Himmatnagar, District Sabarkantha, for and on behalf of the petitioner, as per the details provided by the petitioner. Direct service is permitted. (HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 24/11/2025 14:34:18