Allowed

Sukanya Das @ Mandal v. Union of India and Ors.

Calcutta HC4 Sept 2023WPA/9433/2023

Case brief

AI extract

What is this about?

The Court allowed the Writ Petition and directed the Post Master, Ramnagar, to disburse the maturity amount of a National Savings Certificate (NSC) standing in the petitioner's name within a fortnight. The Court held that since no competent civil court has restrained the petitioner and the NSC is in her name, she is entitled to the funds immediately.

What did the court decide?

Directed Respondent No. 4 to disburse Rs. 4,32,696/- and accrued interest on NSC Account No. 3968977988 in favor of the petitioner within a fortnight.

Sukanya Das @ Mandal Vs Union of India and Ors. — Banking and Recovery | Calcutta HC (2023)

¶1

M/L. 22. September 4, 2023. MNS.

¶2

WPA No. 9433 of 2023

¶3

Smt. Sukanya Das @ Mandal Vs.

¶4

The Union of India and others

¶5

Mr. Amit Baran Dash, Ms. Ankana Sarkar

¶6

… for the petitioner.

¶7

Mr. Amal Kumar Sen, Mr. Jaladhi Das

¶8

…for the State.

¶9

Affidavit-of-service filed in Court today be kept on record.

¶10

Despite service, none appears for the Union of India and other respondents apart from the State.

¶11

Learned counsel for the petitioner contends that the petitioner is the wife of respondent no. 7, but was driven out from her matrimonial home on October 8, 2022 along with two minor children. Prior thereto, the petitioner had purchased immovable properties and had made certain investments in movable assets, particularly in the postal department and with the Life

¶12

¶13

Insurance Corporation of India from her Streedhan amount. Thereafter, the respondent no. 7 filed a suit for declaration and injunction in the name of the minor child of the petitioner, seeking a declaration in respect of the immovable and the movable propertiesin-question. Two injunction applications were moved separately by the plaintiff (therein)-respondent no. 7 in the said suit, one each in respect of the movable and the immovable properties, but both the said applications were rejected by the court below.

¶14

In the meantime, a National Savings Certificate (NSC) of the petitioner has matured and the petitioner seeks a release of the same.

¶15

However, an internal communication was made by the Sub Postmaster, Ramnagar to the Superintendent of POs, Contai Division, annexed at page 48 of the writ petition, in that regard.

¶16

It is argued that the petitioner is entitled to the amount of matured NSC and the

¶17

¶18

same should be disbursed immediately

¶19

in favour of the petitioner.

¶20

Heard learned counsel for the petitioner and the State.

¶21

The petitioner has annexed sufficient documents to the writ petition to establish that the NSC-in-question stands in the name of the petitioner. That apart, as per submission made by the petitioner-wife, there is no matrimonial suit pending between her and the respondent no. 7-husband.

¶22

In the declaratory suit filed by the respondent no. 7 in the name of the minor child of the petitioner, both the injunction applications filed by the respondent no. 7 were rejected.

¶23

Hence, even if the NSC-in-question is the subject matter of the suit, there is no impediment or any restraint order passed by a competent civil court at present to debar the petitioner from getting the amount under the NSC, particularly as the same stands in the name of the petitioner.

¶24

¶25

Accordingly, WPA No. 9433 of 2023 is allowed, thereby directing respondent no. 4, the Post Master, Ramnagar SubPost Office, to disburse the maturity amount of Rs.4,32,696/- against the NSC Account No. 3968977988 standing in the name of the petitioner with the said post office along with any other interest or other amount, if accrued on such account till the date of disbursal of the said amount, in the name of the petitioner in terms of relief (a) of the present writ petition, within a fortnight from the date of communication of this order to the said respondent.

¶26

The parties shall act on a server copy of this order, coupled with the written communication of the learned Advocate-on-record of the petitioner, without insisting upon prior production of a certified copy of this order, to comply with the same.

¶27

There will be no order as to costs.

¶28

Urgent photostat certified copies of this order, if applied for, be made available

¶29

¶30

to the parties upon compliance with the requisite formalities.

¶31

(Sabyasachi Bhattacharyya, J.)

Sukanya Das @ Mandal v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

Sukanya Das @ Mandal v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Om Prakash Gupta Vs K Srinivasan Transport Commissioner Cum Secretary and Ors.

Subrata Sarkar Alias Gupi Sarkar Vs Jageswar Devi Das

Biswajit Ghosh Vs Cesc Ltd. and Ors.

State Bank of India Vs State of West Bengal and Ors.

Md. Naim Vs Cesc Limited and Anr.

Ananda Pachal Vs Cesc Limted and Ors.