Full Text
HIGH COURT OF DELHI
Date of Decision: 20.05.2024
SHRI RISHABH GARG ..... Petitioner
Through: Mr. Shiv Charan Garg
(M): 9811061963 Email: shivcharangarg@gmail.com
Through: Ms. Pragati Sharma, Advocate for respondent no. 3 and 4 along
(M): 7982788367 Email: pragatisharma232@gmail.com
JUDGMENT
1. The present petition has been filed seeking directions to the respondent nos. 1 and 2 to make two Fixed Deposit Receipts (“FDRs”) of ₹50,00,000/- each for more than ten years in favour of respondent no. 3, from the account of the petitioner.
2. By order dated 29th April, 2024, this Court recorded the issue as arising in the present case, in the following manner:- “xxx xxx xxx
4. Learned counsel appearing for the petitioner submits that petitioner and respondent no. 4 were married. However, due to their differences, they decided to take a mutual divorce and have signed a Memorandum of Understanding dated 02nd March, 2024.
5. As per the settlement, the petitioner agreed to give two FDRs of ₹50 lacs each to the respondent no.3, regarding his education, nourishment expenses etc. and also agreed that the said FDRs would be released to respondent no. 3 after he obtains the age of majority, i.e., on 12th December, 2036.
6. Learned counsel appearing for the petitioner submits that the petitioner applied for two FDRs approximately for a period of more than 13 years. However, respondent nos. 1 and 2 have taken a plea that a Court’s order is required for the FDRs of more than ten years. xxx xxx xxx”
3. Respondent no. 1/HDFC Bank Ltd., has now filed its reply, wherein, it has been stated as follows:-
4. Thus, it is the case of the respondent-bank, that since the petitioner has requested for two FDRs for more than ten years, i.e., for a period of thirteen years, and the system of the bank does not allow marking of FDRs exceeding ten years, therefore, the same can be made with an Auto Renewal Mode, beyond the period of ten years.
5. Learned counsel appearing for the petitioner, has no objection to the aforesaid submission made by learned counsel appearing for the respondent nos. 1 and 2-HDFC bank.
6. Accordingly, considering the facts and circumstances of the present case, it is directed that the petitioner shall be allowed to make two FDRs of ₹ 50,00,000/- each, initially for a period of ten years for the benefit of respondent no. 3. The fixed deposits shall be put in Auto renewal mode by the respondent nos. 1 and 2-HDFC bank, after expiry of ten years.
7. It is further directed that the two FDRs shall be automatically renewed by the respondent-bank, till an application is made by the petitioner, with a no objection from respondent nos. 3 and 4, for maturity of the said FDRs.
8. It is also directed that lien shall be marked in favour of respondent nos. 3 and 4, upon the said two FDRs, till their maturity.
9. With the aforesaid directions, the present petition is disposed of. MINI PUSHKARNA, J MAY 20, 2024 c