Disposed¶17

Usha Devi v. The State of Bihar

Patna HC21 Jan 2025CWJC/14442/2022

Case brief

AI extract

What is this about?

Usha Devi widow deceased depositor Bineshwar Kishore Vindeshwar Kishore State Bank of India Main Branch Hajipur A/C No. 0001190035205 accrued interest indemnity undertaking future third-party claim make good four weeks DGP Bihar SP Vaishali Patna High Court CWJC 14442/2022 21-01-2025 A. Abhishek Reddy writ petition disposed consent directions release of funds of deceased account holder to surviving spouse.

What did the court decide?

Credit of the amounts lying in the deceased husband's SBI account (A/C No. 0001190035205), with accrued interest, to the petitioner's account for her utilisation, conditional on her furnishing an indemnity undertaking to the Bank. ¶17

Usha Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶17

Issue for consideration

Whether the amounts lying in the State Bank of India account of the petitioner's late husband, Bineshwar Kishore @ Vindeshwar Kishore, can be credited/released to the petitioner against an indemnity undertaking protecting the Bank from future third-party claims.

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Court's answer

The petitioner is directed to furnish an undertaking before the respondents-Bank indemnifying the Bank against any future claims made to the amounts lying in the name of her husband.

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Ratio / Principle

Under the undertaking, if any future claims are made to those amounts, the petitioner must make good the amount to the Bank within four weeks from the date of receipt of a copy of the order.

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Key takeaways

On such undertaking being given, the respondents-Bank shall credit the amounts lying in the account of Bineshwar Kishore @ Vindeshwar Kishore (A/C No. 0001190035205), along with the accrued interest, to the petitioner's account, and she is permitted to utilise the same.ratio¶16

Detailed headnote1 paragraphs

Patna High Court (A. Abhishek Reddy, J) disposed of CWJC No.14442 of 2022 (order dt. 21-01-2025) filed by Usha Devi, widow of Bineshwar Kishore @ Vindeshwar Kishore, against the State of Bihar (DGP/SP Vaishali) and the Branch Manager, State Bank of India, Main Branch, Hajipur. Following statements by counsel for both sides, the court directed the petitioner to furnish an undertaking to the Bank indemnifying it against future third-party claims to the amounts lying in her late husband's account, committing to make good to the Bank any amount so claimed within four weeks of receipt of a copy of the order. On such undertaking, the Bank is to credit the amounts in the husband's account (A/C No. 0001190035205), with accrued interest, to the petitioner's account, permitting her to utilise them. No statute or precedent was cited; the matter was resolved by consent-based directions.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14442 of 2022

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======================================================

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Usha Devi, Wife of Late Bineshwar Kishore @ Vindeshwar Kishor, Resident of Village-Chanpur Bela, P.S.-Jakkanpur, District-Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Director General of Police, Bihar, Old Secretariat, Patna.

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The Superintendent of Police, Vaishali.

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The Branch Manager, State Bank of India, Main Branch, Hajipur.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajendra Kumar Jain, Adv. For the Respondent/s : Mr.Manish Kumar (GP 4) For the SBI Bank Mr. Mr. Hritik Anand, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

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13 21-01-2025

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Learned counsel appearing on behalf of the petitioner

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on instructions has stated that the petitioner is willing to give an undertaking indemnifying the Bank if subsequently any third party claim is made.

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Learned counsel appearing on behalf of the respondents-Bank has fairly stated that in case the petitioner gives an undertaking, the respondents-Bank shall credit the amounts which are lying in the name of Bineshwar Kishore @ Vindeshwar Kishore, i.e., the husband of the petitioner herein and she will be permitted to utilize the same.

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Having regard to the above made submissions, the present writ petition is disposed of directing the petitioner to

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Patna High Court CWJC No.14442 of 2022(13) dt.21-01-2025 2/2

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furnish an undertaking before the respondents-Bank indemnifying the respondents-Bank that in case any future claims are made to the amounts which are lying in the name of her husband Bineshwar Kishore @ Vindeshwar Kishore then she will be make good the amount to the Bank within a period of four weeks from the date of receipt of a copy of this order. On such undertaking being given, the respondents-Bank shall credit the amounts lying into the account of Bineshwar Kishore @ Vindeshwar Kishore bearing A/C No. 0001190035205 along with the accrued interest to the account of the petitioner and she will be permitted to utilize the same.

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With the above directions, the present writ petition stands disposed of.

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(A. Abhishek Reddy , J)

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Bhardwaj/-

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Usha Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Usha Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Parties & counsel

Coram

Case details

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