SBCWP NO.1904/09. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.1904/2009. Smt. Santosh & Ors. Vs. Presiding Officer MACT Sikar & Anr. Date of order:- May 20, 2009. Hon'ble Mr. Justice Mohammad Rafiq Shri Vinay Mathur for petitioner. Shri Rishipal Agarwal for the respondents. **** BY THE COURT:- The petitioner has filed this writ petition with the prayer that the order passed by the MACT dated 5/11/2008 (Annexure-4) be set-aside and the respondent bank may be directed to release the amount lying in Fixed Deposit. He has argued that since the amount has already been deposited by the Insurance Company / owner, therefore, they are concerned with the fact that the amount of FDR is withdrawn prior to its maturity. The learned counsel submitted that petitioner needs the aforesaid amount to take care of her children. She is a major person and therefore even if the Tribunal originally directed for deposit of the said amount in the FDR, she can legitimately ask for withdrawal of that amount even before its maturity. SBCWP NO.1904/09. 2 2) Having heard the learned counsel for the petitioner and perused the material on record, I consider it appropriate that petitioner No.1 who is major and when she requires the money for her needs, the Tribunal was not justified in not accepting her prayer for release of the FDR. The petitioner being a major, unlike in the other cases where investment is made in the name of minors for their welfare, payment of the FDR cannot be denied to the petitioner more particularly when she requires the amount for the welfare of her children, which was one of the reason for her filing the claim petition. In the facts of the case, the writ petition is allowed and it is directed that the entire amount of the FDR kept with the bank as per order of the Tribunal, shall be paid together with interest to the petitioner within two weeks from the date the certified copy of this order is produced before the said bank to which the FDR is deposited. (MOHAMMAD RAFIQ), J. anil