AJAYSINH SHAMBHUJI Vs. INDIAN BANK

JUDGEMENT

(1.) Though served, none appears for the respondent-Bank.

(2.) At the outset, learned advocate Mr.Mehta appearing for the petitioner has submitted that if an amount of Rs.1,41,000.00 is ordered to be withdrawn from the Fixed Deposit No.0658479, the same will suffice. He has submitted that the wife of the petitioner had undergone heart surgery and accordingly, bill of Rs.1,41,000.00 was issued by the U.N.Mehta Institute of Cardiology and Research Centre. He has placed reliance on the bill and has submitted that though the application was made by the petitioner before the Motor Accident Claim Tribunal (Auxi III), Gandhinagar (Tribunal) for releasing of the amount, the same was rejected on the basis that there were no medical papers available supporting his case that his wife is suffering from an ailment and doctor has advised her for such operation. He has submitted that due to inadvertence of the advocate appearing for the petitioner before the Tribunal, the medical papers were not produced.

(3.) Since despite the notice being served upon the respondent, no one has chosen to remain present before this Court, the averments and contentions made in the writ petition stand uncontroverted. The bill dtd. 27/3/2021 issued by the U.N.Mehta Institute of Cardiology and Research Centre with regard to the treatment undergone by the wife of the petitioner shows that the expenses of Rs.1,41,000.00 has incurred towards the heart surgery of his wife. The aforesaid bill is not disputed by the respondent- Bank and hence, the respondent-Indian Bank, Branch-Sec. 16, Gandhinagar is directed to permit the withdrawal of the amount of Rs.1,41,000.00 from the Fixed Deposit No.0658479 in favour of the petitioner, as and when such application is made. The rest of the amount shall remain/invested in the Fixed Deposit as per the norms and standard of the respondent-Bank.