This writ petition challenging a bank's decision to demand a succession certificate instead of disbursing funds based on an amended nomination was dismissed. The court held that the bank was justified in insisting on the certificate given the dispute over nomination status.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 17TH DAY OF SEPTEMBER 2014/26TH BHADRA, 1936
WP(C).No. 17163 of 2014 (U)
PETITIONER:
SARAMMA MATHEW, AGED 55, W/O.MATHEW, MADAPPALLIL PUTHAN BUNGLOW, NANNUVAKKADU, PATHANAMTHITTA-689645.
BY ADV. SRI.V.VENUGOPALAN NAIR
RESPONDENT:
M/S.STATE BANK OF INDIA, REPRESENTED BY ITS CHIEF MANAGER, P.B.NO.9, M.C.ROAD, CHENGANNOOR.
BY SRI.R.S.KALKURA, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-09-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 17163 of 2014 (U)
APPENDIX
PETITIONER(S)' EXHIBITS :
P3: A TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT DTD.6.7.2011.
RESPONDENT(S)' EXHIBITS: - NIL
/TRUE COPY/
P.A. TO JUDGE
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A.MUHAMED MUSTAQUE, J.
= = = = = = = = = = = = =
Dated this the 17th day of September, 2014.
J U D G M E N T
This writ petition has been filed with the following
prayers:
bank was by the deceased Sakaria Chacko, the nominee of the account was his son. The petitioner's claim that before the death of Sakaria Chacko, by Ext.P1 Sakaria Chacko has submitted a nomination in the place of his son. On instructions, the learned counsel for the respondent bank submits that Ext.P1 is dated 25.2.2011 and Sakaria Chacko
2
WP(C).No.17163/2014-U .
has passed away on 3.3.2011. It is also submitted that the wife and children of deceased have raised claim to disburse the amount. Ext.P3 is the reply given by the bank to the petitioner stating that there is a dispute regarding the nomination and the concerned party is advised to bring a succession certificate from the competent civil court.
Sd/A.MUHAMED MUSTAQUE,
Kvs/-
// true copy //
Saramma Mathew
State Bank of India
A.Muhammed Mustaque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
