An application regarding the distribution of proceeds from a deceased account holder's savings account and fixed deposit with Union Bank of India. The court disposed of the writ petition without adjudication, noting submissions by both parties.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.38798 Of 2021 (Through hybrid mode)
Suresh Kumar Lenak and another …. Petitioners
Mr. A.K. Chaudhury, Advocate
-versus-
Branch Head, Union Bank of India, Chauliaganj Branch and others
…. Opposite Parties
Mr. Aurovinda Mohanty, Advocate
CORAM: JUSTICE ARINDAM SINHA
Order No.
4.
ORDER 30.06.2022
1. Mr. Chaudhury, learned advocate appears on behalf of petitioners, claiming to be heirs and legal representative of the deceased person, who had a savings account and a fixed deposit with opposite party-bank. He submits, added opposite party no.2 had nomination in his favour in respect of the fixed deposit. On learning of his clients taking steps to move Court regarding distribution of monies in the saving bank and fixed deposit, added opposite party exercised his right of nominee and the bank paid out proceeds of the fixed deposit. The money in the saving bank account is with the bank.
He submits, his clients will file for remedy regarding proceeds
disbursed to added opposite party under the nomination clause in the
fixed deposit. So far as money lying in the savings bank account is
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concerned there be direction upon the bank to disburse the same to his clients to exclusion of added opposite party.
2. Mr. Mohanty, learned advocate appears on behalf of the bank and submits, money in the savings bank account is with his client, in the account. There are requisite formalities regarding payment of that money to legal heirs of a deceased account holder. Petitioners, or any legal heir in respect of the deceased account holder, if they comply in
respect of the requisites, the bank will act in accordance with law.
Sks
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Suresh Kumar Lenak and another
Branch Head, Union Bank of India, Chauliaganj Branch
added opposite party no.2
Arindam Sinha
As recorded by the court registry
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