Petitioner alleged willful disobedience of a writ direction to the bank to consider her claim to a deceased depositor's fixed deposit. Respondent had in fact passed an order dated 12.10.2023 declining release without a succession certificate or specific court order. Finding no willful disobedience, the court closed the contempt petition.
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.
Contempt Petition No.1201 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.06.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
Contempt Petition No.1201 of 2024
Samiyathal ... Petitioner
Vs.
Thiru.P.Jayaram, The Branch Manager, (Assistant General Manager) Erode Branch Office, D-48, State Bank Road, Erode – 638 001. ... Respondent
Prayer :
Contempt petition filed under Section 11 of the Contempt of Courts Act praying to punish the respondent for disobeying the order of this Hon'ble Court dated 20.06.2023 passed in W.P.No.17920 of 2023.
For Petitioner : M/s.S.Kaithamalai Kumaran For Respondent : Mr.M.L.Ganesh
O R D E R
This contempt petition is filed alleging willful disobedience of the
1/4
Contempt Petition No.1201 of 2024
order dated 20.06.2023 made in W.P.No.17920 of 2023.
2.The petitioner filed W.P.No.17920 of 2023 stating that one K.Thangaiammal who left her husband 50 years ago, had been taken care by her sister's son Ramasamy. The said Thangaiammal had opened a Fixed Deposit Account for a sum of Rs.2,90,000/- on 24.02.2022 by appointing the said Ramasamy as her nominee. However, said Thangaiammal predeceased her nominee Ramasamy. After the demise of said Ramasamy, the petitioner who is the wife of Ramasamy made a representation to the respondent seeking to refund the deposit amount in her favour along with all necessary documents, for which, the respondent has sent a reply stating that since the depositor had predeceased the nominee, only the legal heirs of the depositor would be entitled to get back the deposit amount and also directed to obtain succession certificate and prayed for a direction to the respondent to consider her representation.
3.This Court vide order dated 20.06.2023 issued direction to the respondent to consider the petitioner's representation and to pass appropriate orders.
2/4
Contempt Petition No.1201 of 2024
4.It is represented by the learned counsel appearing for the petitioner that till date, the respondent has not passed any order.
5.The learned counsel for the respondent submitted that pursuant to the order dated 20.06.2023 passed by this Court in W.P.No.17920 of 2023, the respondent passed an order dated 12.10.2023 stating that the respondent will no be in a position to accord sanction for the petitioner's representation to release the fixed deposit to her unless a succession certificate or any specific order directing the Bank to release the deposit in her favour is produced and suppressing the same, the petitioner has filed this contempt petition.
6.In view of the above, there is no willful disobedience and this Contempt Petition is closed.
07.06.2024
pri
Index: Yes/No Speaking Order: Yes/No
3/4
Contempt Petition No.1201 of 2024
NCC: Yes/No
M.DHANDAPANI,J.
pri
Contempt Petition No.1201 of 2024
07.06.2024
4/4
1 issue framed by the court
Whether the respondent willfully disobeyed the Court's order dated 20.06.2023 directing consideration of the petitioner's representation regarding release of a fixed deposit.
1 provisions across 1 enactments
Samiyathal
Thiru.P.Jayaram, The Branch Manager, (Assistant General Manager) Erode Branch Office, D-48, State Bank Road, Erode – 638 001
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
