Minor petitioners challenged a bank's refusal to release fixed deposit funds. The court upheld the bank's position, ruling that the Family Court order restrained payment and directing petitioners to litigate in the Family Court to lift the attachment.
Writ petition dismissed; petitioners directed to approach Family Court to lift the attachment order.
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
THURSDAY, THE 4TH DAY OF DECEMBER 2014/13TH AGRAHAYANA, 1936
WP(C).No. 380 of 2012 (V)
PETITIONER(S):
1. SUHAIL T.S., AGED 12 YEARS.
2. ALISHA SONA, AGED 10 YEARS.
3. SHUHAIB, AGED 5 YEARS. PETITIONERS BEING MINORS ARE REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN THAJUNNISA, D/O.P.H.WAHAB, AGED 31 YEARS, C/O.MANI TEACHER, 1/706, ALANKODE, OLAVAKKODE, PALAKKAD DISTRICT.
BY ADV. SRI.JACOB SEBASTIAN
RESPONDENT:
VIJAYA BANK, REP. BY ITS BRANCH MANAGER, OLAVAKKODE BRANCH, PALAKKAD-678002.
BY SRI.B.S.KRISHNAN (SENIOR ADVOCATE) ADVS. SRI.K.ANAND SMT.LATHA KRISHNAN,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
mbr/
WP(C).No. 380 of 2012 (V)
APPENDIX
PETITIONER(S) EXHIBITS:
EXT-P1: TRUE COPY OF THE FIXED DEPOSIT RECEIPTS RELATING TO THE ACCOUNTS IN THE NAME OF THE PETITIONERS.
EXT-P2: TRUE COPY OF THE I.A.2285/2010 IN O.P.694/2010 OF THE FAMILY COURT, PALAKKAD.
EXT-P3: TRUE COPY OF THE ORDERS PASSED BY THE FAMILY COURT, PALAKKAD IN I.A.NO.2285/2010 IN O.P.694/2010 AND THE SCHEDULE OF PROPERTY ATTACHED.
EXT-P4: TRUE COPY OF THE COMMUNICATION DATED 21/12/2011 ISSUED BY THE RESPONDENT BANK.
RESPONDENT(S) EXHIBITS: - NIL
/TRUE COPY/
P.S. TO JUDGE
mbr/
A.MUHAMED MUSTAQUE, J.
*****************************************************
W.P.(C) No.380 of 2012
***************************************************** Dated this the 4th day of December, 2014
JUDGMENT
Petitioners are the minors approached this Court through mother. According to the petitioners, they have a fixed deposit with the respondent Bank and on maturity, the respondent Bank refused to release the amount to them.
Ext.P4 is the response given by the Bank. In Ext.P4, it is stated that the Bank is restrained and prohibited from making payment of the FD to any person as per the order in I.A.No.2285/2010 in O.P.No.694/2010 of the Family Court, Palakkad dated 30.9.2010 until further orders of the court.
I am of the view that the Bank is justified in not releasing the amount to the petitioner for the reason that the Bank is restrained from releasing the amount as per the order passed by the Family Court. The remedy available to
W.P.(C) No.380 of 2012 2
the petitioners is to approach the Family Court to lift the attachment order. If the petitioners make an application for lifting the attachment order in O.P.No.694/2010, that shall be considered within a period of four weeks by the Family Court, Palakkad. Based on the orders of the Family Court, the petitioners shall approach the respondent Bank.
The writ petition is disposed of as above.
Sd/- A.MUHAMED MUSTAQUE, JUDGE
ln
1 issue framed by the court
Whether the bank was justified in refusing to release fixed deposit amounts to minor petitioners due to a Family Court restraint order.
1 provisions across 1 enactments
SUHAIL T.S. ALISHA SONA SHUHAIB THROUGH THEIR MOTHER THAJUNNISA
VIJAYA BANK REP. BY ITS BRANCH MANAGER OLAVAKKODE BRANCH
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
