The Court closed the contesting writ petition after the bank submitted account details and granted liberty to the petitioner to withdraw amounts and close the account per bank rules.
Petitioner granted liberty to approach the Bank for withdrawing the amount and closing the account in accordance with law and bank regulations.
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 N.NAGARESH
FRIDAY, THE 25TH DAY OF MARCH 2022/4TH CHAITHRA, 1944 WP(C) NO. 3618 OF 2022
PETITIONER:
SEBASTIAN THOMAS CHIRAMEL, AGED 46 YEARS, S/O. LATE C.V.THOMAS, CHIRAMEL HOUSE, KOZHIPPILLY P.O., KOTHAMANGALAM – 686 691, NOW RESIDING AT RENNBAHNSTRASSE 20, 20111 HAMBURG, GERMANY (INDIAN OVERSEAS CARD NO. A 902768)
BY ADVS. BASIL CHANDY VAVACHAN GEORGIE SIMON ABEY GEORGE CHARUTHA BHAIJU
RESPONDENT:
STATE BANK OF INDIA, VADASSERIKKARA BRANCH, REPRESENTED BY ITS MANAGER, VADASSERIKARA, PATHANAMTHITTA, KERALA – 689 662.
BY ADV P.GOPAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.3618/2022
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JUDGMENT
Dated this the 25th day of March, 2022
The petitioner approached this Court seeking to direct
the respondent-Bank to provide the account statement and details of bank accounts and fixed deposits maintained by
the petitioner's mother with the respondent-Bank to the petitioner.
Accordingly, the writ petition is closed recording the submission of receipt of information by the petitioner and granting liberty to the petitioner to approach the respondent
WP(C) No.3618/2022
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for withdrawing the amount and closing the account in accordance with law. If the petitioner makes such request,
the respondent shall consider the same following the rules
and regulations and procedure of the Bank.
Sd/- N. NAGARESH JUDGE
ncd/29.03.2022
WP(C) No.3618/2022
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APPENDIX OF WP(C) 3618/2022
PETITIONER'S EXHIBITS
Exhibit P1 THE FIXED DEPOSIT MATURITY INTIMATION LETTER ISSUED BY THE RESPONDENT BANK DATED 07.07.1999. Exhibit P2 THE TRUE COPY OF THE POWER OF ATTORNEY EXECUTED IN FAVOUR OF PETITIONER AT GERMANY BY HIS MOTHER AND THE ENGLISH TRANSLATED COPY OF THE SAID POWER OF ATTORNEY. Exhibit P3 THE COPY OF LETTER SENT DATED 12.12.2021 BY PETITIONER AND HIS MOTHER TO RESPONDENT. Exhibit P4 THE TRUE COPY OF LETTER DATED 11.07.1997 SENT BY THE RESPONDENT TO THE PETITIONER'S MOTHER IN HER GERMANY ADDRESS.
1 issue framed by the court
Whether to direct the bank to provide account details and grant liberty to withdraw funds and close the account.
Sebastian Thomas Chiramel
State Bank of India, Vadasserikara Branch
N. Nagaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
