Disposed¶22

Braja Kishore Rout v. Central Bank of India,Jajpur

Orissa HC11 Sept 2024WP(C)/20699/2024

Case brief

AI extract

What is this about?

Deceased depositor savings bank account release; legal heirs; equal disbursement among heirs; intra-family objection before bank; Central Bank of India Binjharpur/Bhinjarpur Branch, Jajpur; S.B. A/c No.3158393930; depositor Sumitra Rout died 15.11.2020; petitioner sexagenarian legal heir/nominee; fifteen working days to submit requisite documents; High Court of Orissa at Cuttack; W.P.(C) No.20699 of 2024; Dr. Justice S.K. Panigrahi; order dated 11.09.2024; disposed of.

What did the court decide?

Joint direction to the Petitioner and Opposite Party Nos. 2 and 3 to approach Opposite Party No.1/Central Bank of India with requisite documents within fifteen working days, upon which the Bank was directed to disburse the deposit equally among all the legal heirs of the deceased depositor Sumitra Rout. ¶22

Braja Kishore Rout Vs Central Bank of India,Jajpur — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Court should direct Opposite Party No.1/Central Bank of India, Binjharpur Branch to release the amount lying in the Savings Bank Account (No.3158393930) of the deceased depositor Sumitra Rout to her legal heir, the Petitioner. +1 more

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Court's answer

The Petitioner and Opposite Party Nos. 2 and 3 (the brother and sister) were jointly directed to approach Opposite Party No.1/Bank with requisite documents within fifteen working days from the date of the order.

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Ratio / Principle

Once the legal heirs approach the Bank with requisite documents, the Bank is to disburse the amount equally in favour of all the legal heirs of the deceased depositor.

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Key takeaways

On these directions, the Writ Petition was disposed of.ratio¶22

Detailed headnote1 paragraphs

Writ Petition (W.P.(C) No.20699 of 2024, High Court of Orissa at Cuttack, order dated 11.09.2024, Dr. Justice S.K. Panigrahi): The Petitioner, claiming to be a legal heir (and per the damaged text, nominee) of deceased depositor Sumitra Rout (who died on 15.11.2020), sought a direction to Central Bank of India, Binjharpur Branch, Jajpur to release the amount in Savings Bank Account No.3158393930. His pre-litigation application to the Bank went unattended because Opposite Party No.2 (his brother) had filed an objection before the Bank. The Court directed the Petitioner and Opposite Party Nos. 2 and 3 to jointly approach the Bank with requisite documents within fifteen working days, failing nothing stated further, whereupon the Bank was ordered to disburse the amount equally in favour of all the legal heirs of the deceased depositor. The Writ Petition was disposed of accordingly.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.20699 of 2024

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Braja Kishore Rout …. Petitioner(s) Mr. Aruna Kumar Nayak, Adv.

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-versus-

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…. Central Bank of India, Opposite Party(s) Jajpur & Ors.

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Mr. Santanu Kumar Sarangi, Sr. Adv. along with associates

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

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ORDER Order

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11.09.2024 No.

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¶12

1 . This matter is taken up through hybrid arrangement.

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2. Heard learned counsel for the parties.

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3. The Petitioner claiming himself to be the legal heir of the deceased depositor named Sumitra Rout, has filed this Writ Petition seeking a direction from this Court to the Opposite Party No.1/Central Bank of India, Binjharpur Branch for releasing the amount lying in in the Savings Bank Account bearing No.3158393930.

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4. Learned counsel for the Petitioner submits that the mother of the Petitioner named Sumitra Rout died on 15.11.2020 leaving behind the legal heirs. During her lifetime she had kept some amount in the above noted

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Savings Bank Account at the Central Bank of India, Signature Not Verified Digitally SignedSigned by: AYASKANTA JENA Bhinjarpur Branch, Jajpur, where the Petitioner was Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa n om inee.

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Digitally SignedSigned by: AYASKANTA JENA Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 12-Sep-2024 17:10:07

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Page 1 of 2

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5. At this juncture, learned counsel for the Petitioner further argues that after sad demise of his mother, though the Petitioner made an application to the Opposite Party No.l/ Bank for releasing his share from the aforementioned Savings Bank account, the Opposite Party No.l/ Bank did not pay any attention to the same. He, accordingly, submits that due to such action of the Opposite Party No.1/Bank, the Petitioner being a sexagenarian is suffering a lot.

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6. He further contends that the Opposite Party Nos.2 & 3 are the brother and sister of the present Petitioner. The Opposite Party No.2 has filed an objection before the Bank with malafide intention. The Opposite Party No.2 is not cooperating the Petitioner for releasing his share.

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7. In such view of the matter, the Petitioner and both the brother and sister i.e. Opposite Party Nos.2 and 3 are directed to approach the Opposite Party No.l/Bank along with requisite documents positively within a period of fifteen working days from today without fail. In such event, the Opposite Party No.1/Bank shall disburse the amount equally in favour of all the legal heirs of the deceased depositor.

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8. This Writ Petition is, accordingly, disposed of.

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication (Dr. S.K. Panigrahi) Location: High Court of Orissa Date: 12-Sep-2024 17:10:07 Judge

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(Dr. S.K. Panigrahi)

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Ayaskanta

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Braja Kishore Rout v. Central Bank of India,Jajpur

Case brief

What is this about?

What did the court decide?

Braja Kishore Rout v. Central Bank of India,Jajpur

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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