Writ application challenging nominee's entitlement to bank accounts after account holder's death. Court noted parties reached a compromise agreement to divide shares equally and disposed of the application as infructuous.
The writ application has been disposed off as the parties have reached a compromise and the dispute is resolved.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2142 of 2019
======================================================
Syed Ali Sarwar aged about 54 years (male), S/o-Late Abdul Hai R/o- Baitul Faizan, Kanghiya Tola, Noon Ka Chauraha,P.S.Khajekalan, Dist-Patna.
... ... Petitioner
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Syed Asgher Najmi, Advocate For the Respondent/s : Mr.Rajan Ghoshrave, Advocate For Res. No. 4 : Mr. Behzad Akhtar, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
3 29-04-2019
Mr. Behzad Akhtar, learned counsel entered appearance on behalf of respondent no. 4 who is the nominee in the account of the father.
The petitioner in this case has raised a dispute with regard to entitlement of respondent no. 4 to receive the money lying in the Account of his father. In his writ application a statement has been made that respondent no. 4 is the nominee only for the convenience to receive the money and that would not take away the interest of the other four brothers of respondent no. 4.
The Bank has appeared and filed a counter affidavit. It is stated that the Account holder of the Saving Bank Account
Patna High Court CWJC No.2142 of 2019(3) dt.29-04-2019 2/2
had not registered any nominee and the Account is in ‘Either or Survivor’ mode of operation, meaning thereby that on the death of one of the Account holders, the another will be entitled to receive the money.
At this stage, learned counsel for the petitioner as well as respondent no. 4 submit that they have reached to a compromise and have executed an agreement dated 16th day of April, 2019, a copy whereof has been produced before this Court. In the agreement both the parties have agreed to divide equal shares between themselves. All the four brothers are parties to the agreement and they are said to have signed the agreement. Let it be kept on record.
It appears that the parties have now resolved their dispute. In that view of the matter, this writ application has become infructuous. It is disposed off accordingly.
(Rajeev Ranjan Prasad, J)
avin/-
U
Syed Ali Sarwar
The Zonal Manager, Allahabad Bank, Bihar
The Managing Director, Allahabad Bank Bihar
The Branch Manager Allahabad Bank, Sultanganj Branch, Patna, Bihar
Syed Ali Shabbar
RAJEEV RANJAN PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
