Petitioner sought writ to compel bank to disburse deposits as sole nominee. Court directed bank to conduct enquiry, notice legal heirs to verify nomination status, and dispose application on merits within two weeks.
Direction to respondent bank to conduct enquiry and dispose application within two weeks.
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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.12.2016
CORAM:
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
W.P(MD)No.4476 of 2013
S.Indira : Petitioner
Vs.
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the first respondent herein to disburse the sum of Rs.1,14,880/- vide RDP No.511200439 and Rs.2,84,433/- vide RDP No.511200438 to the petitioner as the sole nominee of the depositor late S.V.Ramakrishnan together with accrued interest within a reasonable time to be fixed by this Court.
For Petitioner : Mr. C.Christopher For R-1 : Mr. M.Senthil Kumar For R-2 to R-4 : M/s. Lakshmi Gopinathan for M/s.Polax Legal Solutions *******
O R D E R
The Writ Petition has been filed by the petitioner for issuance of a Writ of Mandamus, to direct the first respondent herein to disburse the sum of Rs.1,14,880/- vide RDP No.511200439 and Rs.2,84,433/- vide RDP No.511200438 to the petitioner as the sole nominee of the depositor late S.V.Ramakrishnan together with accrued interest within a reasonable time to be fixed by this Court.
2
2.Heard the learned counsel appearing for the petitioner the learned counsel appearing for the respondent bank and the learned counsels appearing for the respondents 2 to 4.
(a) the first respondent is directed to conduct enquiry by calling the petitioner as well as the respondents 2 to 4, who are the legal heirs of the deceased Ramakrishnan and find out whether the deceased Ramakrishnan has nominated the petitioner or not.
(b) thereafter, the first respondent is directed to pass appropriate orders on the application of the petitioner, dated 03.01.2013, on merits and in accordance with law, after giving notice to the interested parties, namely, respondents 2 to 4. (c) the said exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order.
Sd/Assistant Registrar (Crl.Side)
/True Copy/
Sub Assistant Registrar
pmu
To
The Branch Manager, Indian Overseas Bank, No.74, Railway Feeder Road, Virudhunagar 626 001.
+1CC to Mr.C.Christopher, Advocate Sr.No.78798 +1CC to M/S.Polax Legal Solutions Sr.No.79290 +1CC to Mr.M.Senthilkumar, Advocate Sr.No.79243
GJM/MPA/EM/SAR-3-10.1.17-2p-5C
ORDER MADE IN W.P(MD)No.4476 of 2013 01.12.2016
1 issue framed by the court
Whether the bank is required to conduct an enquiry and call the petitioner and legal heirs to determine if the petitioner is the sole nominee.
S.Indira
The Branch Manager, Indian Overseas Bank
S.V.R.Ramanathan
R.Chithra
M.V.Muralidaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
