NARENDRA DEBBARMA Vs. NARENDRA SINGH

JUDGEMENT

(1.) Heard Mrs. P. Deb, learned counsel for the petitioners.

(2.) This application under Article 226 of the Constitution is rather peculiar and deserves to be disposed of at the motion stage the facts and circumstances recited in the petition.

(3.) The facts leading to filing of the present writ petition may be briefly recited.Writ petitioners are the claimants in Case No. TS (MAC) 162 of 1997 disposed of by the Claims Tribunal on 19-3-1998. By the aforesaid judgment and award the learned claims tribunal disposed of the claim petition awarding Rs. 2,06,000/- in favour of the petitioners. Following the principle laid down by the Apex Court rendered in General Manager, Kerala State Road Transport Corporation, Trivandrum v. Susamma Thomas, AIR 1994 SC 1631, the Tribunal also directed that 90% of the share of Smt. Mangaleswari Debbarma, petitioner No. 2, Smt. Kajal Debbarma, petitioner No. 3 to be invested in a long term fixed deposit scheme of a Nationalised Bank. The Bank Manager also directed not to allow any loan or advance on that amount and only the monthly interest which will be accrued on the invested amount should be paid to the investor. Petitioners are aggrieved by this part of the award directing to be deposited in a Nationalised Bank 90% of the shares of the two petitioners.