The High Court disposed of the writ petition allowing the petitioner to withdraw the provident fund deposited by his deceased father upon production of a Succession Certificate from the competent Court.
Petitioner permitted to withdraw Provident Fund amount deposited by deceased father upon production of a Succession Certificate.
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932 sr. no. 4175 wp.odt
{1}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4175 OF 2016
FURKHAN BABU PATEL VERSUS THE STATE OF MAHARASHTRA AND OTHERS
Advocate for Petitioner : Mr. Chandrakant V. Thombre AGP for Respondents: Mr. V.M. Kagne. Advocate for respondent No.2 : Mr. K.B. Chaudhari Advocate for respondent No.3 : Mr. P.B. Paithankar
. . .
CORAM : R.M. BORDE & K.K. SONAWANE, JJ.
DATE : 20TH OCTOBER, 2016.
PER COURT:
1] The provident fund amount deposited by the father of the petitioner is lying with the office of the respondent No.2. The nominee who was authorized by the deceased employee to receive the amount has also passed away. In the circumstances, according to counsel for respondent No.2, the amount can be permitted to be withdrawn by the petitioner, subject to production of Succession Certificate issued by the competent Court.
2] Writ petition, as such stands disposed of with liberty to the petitioner to produce the Succession Certificate before the respondent No.2, so as to facilitate him to withdraw the amount deposited by his deceased father. Respondent No.2, subject to production of Succession Certificate issued by the competent court, shall permit the petitioner to withdraw the amount deposited by his deceased father. No costs.
[K.K.SONAWANE] [R.M. BORDE] JUDGE JUDGE
grt/-
1 issue framed by the court
Whether the petitioner can be permitted to withdraw the provident fund amount deposited by his deceased father subject to production of a Succession Certificate.
FURKHAN BABU PATEL
THE STATE OF MAHARASHTRA
OPP
R.M. BORDE
K.K. SONAWANE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
