Disposed

Mary Tuti v. the Bank of India through Its Chairman and Ors.

Jharkhand HC16 Jun 2022WPC/2518/2014

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed by a widow seeking acceptance of a deceased claim form and payment from a bank account. The respondent bank insisted on a succession certificate. The Court granted liberty to file a fresh representation with a succession certificate within six months, directing the bank to process the claim. Assistance from the District Legal Services Authority was offer

What did the court decide?

Liberty granted to the petitioner to file a fresh representation along with a succession certificate within six months. Bank directed to pass an order on the claim and pay the amount if found payable.

Mary Tuti Vs the Bank of India through Its Chairman… — Banking and Recovery | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(C) No. 2518 of 2014

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Mary Tuti, wife of Late Yakub Tuti, Resident of St. Pauls Compound, Church Road, P.O. G.P.O P.S.- Sadar, District Ranchi.

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Versus

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The Bank of India through its Chairman.

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Chairman, Bank of India.

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The Regional Manager, Bank of India, Pradhan Tower, Over Bridge, Main Road, Ranchi (Jharkhand).

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The Branch Manager, Bank of India, Main Road, Khunti.

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… … Respondents

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Rajesh Kumar, Advocate For the Resp. Nos. 1 to 4 : Mr. Faisal Allam, Advocate

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05 /16.06.2022 Counsel for the parties are present.

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2. This writ petition has been filed for the following reliefs:

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“For issuance of an appropriate Writ(s), Order(s), direction(s), in the nature of Mandamus directing and commanding upon the Respondent No. 4 Branch Manager, Bank of India, Main Road, Khunti to accept the Deceased Claim Form from the petitioner, who is widow mother of late Shabnam Tuti, having Account at Bank of India, Main Road, Khunti bearing No. 491510100005906 died on 12.07.2013 because the Deceased Claim Form meant for such purpose by the Bank of India is not being accepted by the Branch Manager and further the respondents may be directed to pay the amount of the saving bank account No. 491510100005906 of the deceased daughter of the petitioner in the saving bank account No. 3044010100021042 of Punjab National Bank, Bahu Bazaar Branch, Ranchi of the petitioner, along with up-to-date interest to the petitioner, who is widow mother of late Shabnam Tuti but because of nonacceptance of Deceased Claim Form by the Branch Manager, the money has not been handed over to the petitioner.”

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3. The learned counsel appearing on behalf of the respondentBank has submitted that there are other legal heirs and successors of late daughter of the petitioner namely, Shabnam Tuti and the claim of the petitioner can be processed upon production of succession certificate.

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4. After hearing the learned counsel for the parties, this writ petition is disposed of with a liberty to the petitioner to approach the respondent no. 4 by filing a fresh representation along with a copy of

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this order and succession certificate of her deceased daughter within a period of six months from today.

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5. Upon filing of representation, the respondent no. 4 is directed to pass an order with regard to the claim of the petitioner or any other legal heir and successor of deceased daughter of the petitioner and if any amount is found payable, the same be also paid in accordance with law.

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6. The records of the case show that the petitioner is a poor lady and therefore, it will be open to her to seek assistance of District Legal Services Authority, Ranchi for lodging her claim/for obtaining succession certificate.

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7. Pending interlocutory application, if any, is closed.

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8. Let a copy of this order be also communicated to the petitioner at the address which has been given in the writ petition.

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(Anubha Rawat Choudhary, J.)

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Pankaj

Mary Tuti v. the Bank of India through Its Chairman and Ors.

Case brief

What is this about?

What did the court decide?

Mary Tuti v. the Bank of India through Its Chairman and Ors.

Case brief

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What did the court decide?

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