Dismissed

Mrs. Annie Marcily v. Kalamassery Service Co-Operative Bank Ltd.

Kerala HC22 Sept 2017WP(C)/7799/2017

Case brief

AI extract

What is this about?

In this writ petition concerning fixed deposits, the court upheld a settlement agreement reached between the petitioner, the Bank, and the legal heirs regarding the distribution of the deceased's funds. The judgment orders the Bank to issue demand drafts to the respective parties within two weeks of maturity or judgment receipt, deducting charges.

What did the court decide?

Bank to issue demand drafts to named persons under the settlement within two weeks of maturity or receipt of certified copy of the judgment.

Mrs. Annie Marcily Vs Kalamassery Service… — Contract and Commercial Disputes | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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FRIDAY, THE 22ND DAY OF SEPTEMBER 2017/31ST BHADRA, 1939

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WP(C).No. 7799 of 2017 (Y)

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PETITIONER(S):

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MRS. ANNIE MARCILY, AGED 76 YEARS, W/O LATE M.P.MARCILY, MOOZHITHOTTIL HOUSE, INDUSTRIAL ROAD, K.D.PLOT P.O., SOUTH KALAMASSERY, KOCHI-683104.

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BY ADV. SMT.SHAMEENA SALAHUDHEEN

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RESPONDENT(S):

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1. KALAMASSERY SERVICE CO-OPERATIVE BANK LTD.NO.3046, REPRESENTED BY ITS SECRETARY, KALAMASSERY-683104.

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2. THE SECRETARY, KALAMASSERY SERVICE CO-OPERATIVE BANK LTD. NO.3046, KALAMASSERY, KOCHI-683104.

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3. PAUL M.M.,

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MOOZHITHOTTIL HOUSE, INDUSTRIAL ROAD, K.D.PLOT P.O., SOUTH KALAMASSERY, KOCHI-683104.

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4. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL). ERNAKULAM, KOCHI-682016.

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R1 & R2 BY ADV. SRI.M.K.ABOOBACKER R3 BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR R4 BY GOVERNMENT PLEADER SRI. B.VINOD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-09-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 7799 of 2017 (Y)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1: TRUE COPY OF THE COMMUNICATION DATED 2.3.2017 ISSUED BY THE 2ND RESPONDENT.

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EXHIBIT P2: TRUE COPY OF THE DEATH CERTIFICATE.

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EXHIBIT P3: TRUE COPY OF THE FD RECEIPTS, WHERE THE PETITIONER FIGURES AS NOMINEE.

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EXHIBIT P4: TRUE COPY OF THE REQUEST DATED 20.2.2017 MADE BY THE PETITIONER.

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EXHIBIT P5: TRUE COPY OF THE SBT BANK STATEMENT.

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EXHIBIT P6:- A TRUE COPY OF THE COMPLAINT PREFERRED THE PETITIONER BEFORE THE S.I OF POLICE AT KALAMASSERY POLICE STATION.

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EXHIBIT P7:- A TRUE COPY OF THE LETTER ADDRESSED TO THE PRESIDENT VYAPARI VYAVASAI ASSOCIATION KALAMASSERY.

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RESPONDENT(S)' EXHIBITS

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EXHIBIT R3(A):_ TRUE COPY OF THE SETTLEMENT PROPOSED REGARDING THE PARTITION OF PROPERTY INCLUDING EXHIBIT P3 BANK DEPOSIT, WRITTEN BY MRS.ASHA MATHEW, ELDER SISTER OF PETITIONER, ON BEHALF OF THE PETITIONER.

/TRUE COPY/

PS TO JUDGE

K. VINOD CHANDRAN, J.

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---------------------------------W.P(C). No.7799 of 2017 [Y]

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---------------------------------Dated this the 22^nd day of September, 2017

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JUDGMENT

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The petitioner is the wife of deceased M.P. Marcily, who raised a claim over the Fixed Deposits; in the joint name of herself and her husband and in the sole name of her husband, wherein she was a nominee. The 3^rd respondent is the son and there are also said to be four daughters, who are also entitled to their shares in the properties left behind by M.P. Marcily. A settlement has been entered into by the parties, ie. the petitioner, the 3^rd respondent and also the four daughters, who appeared before the mediator. The Memorandum of Settlement has been arrived at between the parties. The same would form a part of

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W.P(C). No.7799 of 2017 [Y]

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this judgment.

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There are Fixed Deposits, which are matured and remaining to be matured. For those deposits, which have not already matured, the Bank would issue separate Demand Drafts in the name of the persons, as agreed to in settlement, within two weeks from the date of maturity. For the Fixed Deposits wherein already the maturity date has expired, the Bank would compute the future interest as permissible by its rules and issue Demand Drafts within a period of two weeks from the date of receipt of a certified copy of this judgment. The charges for the Demand Drafts shall be deducted from the amounts due to the respective persons.

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The writ petition would stand disposed of. No costs.

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Sd/- K. VINOD CHANDRAN, JUDGE. //True Copy// P.A. to Judge

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sp/23/09/17

Mrs. Annie Marcily v. Kalamassery Service Co-Operative Bank Ltd.

Case brief

What is this about?

What did the court decide?

Mrs. Annie Marcily v. Kalamassery Service Co-Operative Bank Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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