Allowed

K.Alagarsamy, v. the Branch Manager

Madras HC1 Apr 2019WP(MD)/200/2019

Case brief

AI extract

What is this about?

This bench allowed a writ petition filed by the legal heirs of an ONGC employee who sought the transfer of the deceased’s bank balance and pension proceeds. The Court directed the Bank to comply with a prior final succession order upon receipt of authenticated KYC documents.

What did the court decide?

Petitioners directed to submit authenticated KYC documents; thereafter, Bank to credit death proceeds without delay.

K.Alagarsamy, Vs the Branch Manager — Banking and Recovery | Madras HC (2019)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 01.04.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P.(MD)No.200 of 2019

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1.K.Alagarsamy 2.A.Pavithra ... Petitioners

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The Branch Manager, State Bank of India, Panvel ONGC Branch, ONGC Colony, Navi Mumbai, Rajgad District-410 221, Maharastra State.

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... Respondent

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PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent Bank to transfer the deceased K.Velusamy's SB Account standing amount of Rs.43,53,355.49/- along with interest from 30/08/2013 and the insurance amount belongs to him to the petitioners joint account namely “K.Alagarsamy & A.Pavithra, the Karur Vysya Bank Limited, Chrompet Branch, Chennai. A/c No.1119155000241429, IFSC:KVBL0001119, MICR:-600053006 within a stipulated period.

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For Petitioners : Mr.VS.Karthi for VS.Karthi Associates

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For Respondent : Mr.S.Sethuraman

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ORDER

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Heard the learned counsel appearing for the writ petitioners and the learned Standing Counsel appearing for the respondent Bank.

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The brother of the first writ petitioner, namely, Thiru.Velusamy was employed in ONGC, Panvel. He passed away on 02.09.2013 at Virudhunagar. The writ petitioners are the surviving legal heirs of the deceased Velusamy. The writ petitioners filed S.O.P. No.1 of 2015 before the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur and obtained an order in their favour on 12.06.2018. The respondent Bank is shown as the third respondent in the said Succession Original Petition. The said order made in the Succession Original Petition has not been questioned.

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The learned counsel appearing for the petitioners states before this Court that the order dated 12.06.2018 made in Succession Original Petition has become final. Since the respondent Bank has not complied with the said order in the https://hcservices.ecourts.gov.in/hcservices/ Succession Original Petition by crediting the amount in question in favour of the writ petitioners, this Writ Petition has been filed.

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The learned Standing counsel appearing for the respondent Bank states that the respondent Bank is ready to comply with the order made in the Succession Original Petition provided the writ petitioners submit all the required documents as per KYC norms. The petitioners are therefore directed to submit the said documents in authenticated format to the respondent Bank. Upon receipt thereof, the respondent Bank shall credit the amount in question in favour of the writ petitioners without any delay.

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The Writ Petition stands allowed accordingly. No costs.

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Assistant Registrar (CS-II)

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// True Copy //

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Sub Assistant Registrar(CS)

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rmk

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The Branch Manager, State Bank of India, Panvel ONGC Branch, ONGC Colony, Navi Mumbai, Rajgad District-410 221, Maharastra State.

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+1CC TO MR.V.S.KARTHI, Advocate Sr. No.58307 +1CC TO MR.S.SETHURAMAN, Advocate Sr. No. 58207

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W.P.(MD)No.200 of 2019 01.04.2019

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TR (03.04.2019) 2P 4C

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

K.Alagarsamy, v. the Branch Manager

Case brief

What is this about?

What did the court decide?

K.Alagarsamy, v. the Branch Manager

Case brief

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What did the court decide?

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