1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Civil Application (caf) No. 1611 of 2011 (In FA No. 507/03) Ku. Rekha Ishwar Wadme & ors. ...Versus... The New India Assurance Co. Ltd. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. Vikas L. Jaiswal Advocate for applicants. …. CORAM : A.B. CHAUDHARI, J. DATED : 13.07.2011. Heard. 2. This Court while disposing of F.A. No. 507 of 2003 had made a direction on 28.1.2004 to invest Rs.41,817/- each in the name of each of the applicants. Investment was accordingly made in fixed deposit. Learned counsel states that all these three Fixed Deposits are likely to ripe by February, 2012. In the said order there is a further direction that after completion of eight years, i.e. February 2012, re-investment shall be made for a further period of 37 months and shall be continued to be so made in the absence of order from this Court. 3. By this application, the applicants have claimed that all the three Fixed Deposits 2 should be allowed to be withdrawn prematurely. When the counsel was told that there is likelihood of loss of income on the premature withdrawal, he agreed. But according to the learned counsel, applicant no.1 Rekha, who is major, is to get married with one Maroti Mahadeorao Kumare and, therefore, she requires money to meet the expenses of her marriage. 4. Applicant no.2 Manoj, as per averments in the application, is not taking education and wants to start some petty business. He should be, therefore, allowed to withdraw the amount in his name. 5. Learned counsel, however, fairly concedes that it would not be appropriate to allow withdrawal of the amount in the fixed deposit in the name of applicant no.3. He further states that the amounts after withdrawal by applicants 1 and 2 should be deposited in the account of their mother Smt.Durga Ishwar Wadme. The reasons put forth by the applicants above are good enough to allow this application in part. Hence the following order. ORDER (i) C.A.F. No. 1611/11 is partly allowed. (ii) Applicants 1 and 2 only are allowed to withdraw the amounts under Fixed Deposit Receipts in their names. (iii) It is made clear that the amounts 3 obtained from withdrawal shall be consolidated and Registry shall issue a cheque of consolidated amount with the accrued interest in the name of Smt.Durga wd/o Ishwar Wadme, mother of applicants. (iv) The third fixed deposit in the name of applicant no.3 Ku. Damini Ishwar Wadme shall continue to be in the bank until further orders. C.A. disposed of. Judge /TA/