Allowed

Subbayammal, v. The Regional Manager

Madras HC9 Aug 2017WP/32887/2016

Case brief

AI extract

What is this about?

In a writ petition under Article 226 of the Constitution, the petitioner, a daily coolie facing financial hardship while her husband remained untraceable since 2004, sought a direction to the second respondent bank to disburse funds from their joint savings account. The court noted the bank had no objection to the withdrawal.

What did the court decide?

The 2nd respondent was directed to disburse the amount together with accrued interest from the Joint Savings Bank Account within one week.

Subbayammal, Vs The Regional Manager — Banking and Recovery | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.08.2017

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CORAM

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THE HONOURABLE Mr. JUSTICE M.DURAISWAMY

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W.P.No.32887 of 2016

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Subbayammal .. Petitioner

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Vs.

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The Regional Manager, Canara Bank, Coimbatore.

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The Branch Manager,
Canara Bank,
Thamaraipalayam,
Erode District. .. Respondents

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Writ petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the 2nd respondent to disburse the amount with accrued interest in the joint account maintained by the petitioner and her husband Ponnusamy in Savings Account No.1646101004120 before the 2nd respondent.

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For Petitioner : Mr.M.Guruprasad For Respondents : Mr.S.Kesavan ORDER

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The Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the 2nd respondent to disburse the amount with accrued interest in the joint account maintained by the petitioner and her husband Ponnusamy in Savings Account No.1646101004120 before the 2nd respondent.

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It is the case of the petitioner that she and her husband were operating a Joint Saving Bank Account with the 2nd respondent bank till 23.05.2001. Subsequently, her husband went missing from 10.03.2004 onwards and he could not be traced so far. The petitioner is a daily coolie and she is doing coolie work and hard pressed for money. In these circumstances, the petitioner has filed the present writ petition seeking for a direction to the 2nd respondent to return the amount lying in

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https://hcservices.ecourts.gov.in/hcservices/

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the Savings Bank Account together with accrued interest.

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Mr.S.Kesavan, the learned Counsel appearing for the respondents, on instructions, submitted that the 2nd respondent has no objection for permitting the petitioner to withdraw the amount lying to the credit of the Joint Savings Bank Account maintained by the petitioner and her husband.

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Recording the submission made by the learned Counsel on either side, I direct the 2nd respondent to disburse the amount together with accrued interest lying in the Joint Savings Bank Account maintained by the petitioner and her husband with the 2nd respondent within a period of one week from the date of receipt of a copy of this Order.

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With this observation, the Writ Petition is disposed
of. No costs.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
tsi
To
1. The Regional Manager,
Canara Bank,
Coimbatore.
2. The Branch Manager,
Canara Bank,
Thamaraipalayam,
Erode District.
+1cc to M/s.S.Kesavan, Advocate, S.R.No.57405
+1cc to M/s.M.Guruprasad, Advocate in sr.no.58426(24/08/2017)
W.P.No.32887 of 2016

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SSI(CO) CU(24/08/2017) NR 24/08/2017

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https://hcservices.ecourts.gov.in/hcservices/

Subbayammal, v. The Regional Manager

Case brief

What is this about?

What did the court decide?

Subbayammal, v. The Regional Manager

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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