LAWS(DLH)-2013-1-133

ASHOK BEHURIA Vs. RAMESH SINGH @ JOGA SINGH

Decided On January 09, 2013
Ashok Behuria Appellant
V/S
Ramesh Singh @ Joga Singh Respondents

JUDGEMENT

(1.) Vide the instant petition, the petitioner is seeking issuance of direction to release the FDR of Rs.2,50,000/- in favour of the petitioner.

(2.) Vide the judgment and award dated 31.05.2012, learned Tribunal awarded a sum of Rs.6,75,000/- as compensation alongwith interest @ 9% per annum from the date of filing the petition till the date of realization of the amount in favour of the petitioner. The learned Tribunal further directed that out of the aforesaid awarded amount, a sum of Rs.5,00,000/- be kept in the form of FDR in the name of the petitioner for a period of three years with State Bank of India, Saket Branch, District Court Complex, New Delhi.

(3.) Thereafter, on 08.10.2012, the petitioner entered into an Agreement to Sell and Purchase with one Shri Balkrishan Budhraja S/o Late Sh. Chunni Lal Budhraja R/o Tughlakabad Extension, New Delhi for purchasing a flat forming part of the property bearing No. RZ-60/3-B, IInd Floor, Gali No. 12, Tughlakabad Extension, New Delhi. The petitioner paid a sum of Rs. 1,50,000/- as advance money to the said Seller. Thereafter, the petitioner moved an application before the learned Tribunal for releasing the aforesaid FDR for Rs.5,00,000/-. However, the learned Tribunal, vide order dated 02.11.2012 directed the Manager, State Bank of India, Saket Branch, District Court Complex, New Delhi that out of the said FDR for Rs.5,00,000/- a sum of Rs.2,50,000/- be released in favour of the petitioner.