The petitioner sought direction to the bank to close her late husband's jewel loan account and release funds, while a nominee was also seeking rights. The Court dismissed the writ petition, holding that bank obligations regarding nomination must yield to the outcome of the pending Suit on Paper before the Sub Court.
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1 W.P.(MD)NO.6945 OF 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.07.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.6945 of 2024 AND W.M.P.(MD)No.6945 of 2024
S.Saraswathi ... Petitioner
Vs.
(R-2 is impleaded vide order dated 05.04.2024 in W.M.P.(MD)No.6944 of 2024) ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to close the Savings Bank Account No.182622010000538 of the petitioner's husband viz., Shanmugam and to close the jewel loans after receiving the loan amount and to release the amount available with the said account to the petitioner by considering the petitioner's representation dated 30.01.2024 within the time stipulated by this Court.
For Petitioner : Mr.I.Robert Chandra Kumar
For R-1 : Mr.S.Balasubramanian, Special Government Pleader. For R-2 : Mr.M.Murali * * *
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2 W.P.(MD)NO.6945 OF 2024
O R D E R
Heard both sides.
working as Sub Inspector of Police. He retired in the year 2022 and died recently. The petitioner's husband had a jewel loan account with the first respondent bank. The petitioner wants this Court to direct the bank to close the same after receiving the loan amount and hand over the pledged items. One Sangeetha was shown as a nominee and she got herself impleaded as second respondent.
petition deserves to be allowed.
before the Sub Court, Sivagangai against the bank as well as the said Sangeetha.
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3 W.P.(MD)NO.6945 OF 2024
obliged to honour the nomination. But then, the rights of the parties will have to abide by the outcome of SOP. In this view of the matter, no relief can be granted in this writ petition. This writ petition stands dismissed. The learned Sub Judge, Sivagangai is directed to dispose of S.O.P.No.1 of 2024 on merits and in accordance with law within a period of seven months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.
02.07.2024
NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU
Note : Registry to mark a copy of this order to the learned Sub Judge, Sivagangai.
Copy to:
The Sub Judge, Sivagangai.
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G.R.SWAMINATHAN,J.
PMU
W.P.(MD)No.6945 of 2024
02.07.2024
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1 issue framed by the court
Whether the High Court can direct the bank to close the jewel loan account and release funds when a separate Suit on Paper (SOP) is pending regarding nomination and succession rights.
1 provisions across 1 enactments
S.Saraswathi
The Manager, Union Bank of India
Sangeetha
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
