Calcutta High Court (Appellete Side)
Ct-08 Sankar Nath @ Sankar Narayan ... vs Branch Manager on 24 August, 2022
03 24.8.2022 SAT 262 of 2014
Ct-08 Sankar Nath @ Sankar Narayan Chakrabarty & Ors.
Vs.
Branch Manager, State Bank of India,
Krishnagar Main Branch
ar
Mr. Soumyadeep Biswas
... For the Appellants
Ms. Debolina Lahiri
... For the Respondent
On 22nd July, 2022 we heard the appeal. The
appeal, however, was not disposed of, although
in the said order it was inadvertently recorded
that the appeal was disposed of.
In the first paragraph of the order dated 22nd
July, 2022, the pharase "and disposed of by
this order" stands deleted.
Let the mistake be corrected.
The other portions of the order dated 22nd
July, 2022 shall remain unaltered.
After hearing the learned counsel appearing
for the parties on 22nd July, 2022 and after
taking into consideration the judgment of the
coordinate bench in the case of State Bank of
India Vs. Netai Ch. Porel, reported in AIR
1982 (Calcutta) 92, where it has been held that
the succession certificate would not be the
required documents for the purpose of operation
of the locker and having regard to the fact that it
was open to the learned Trial Judge to convert
the proceeding instituted by the appellants to a
proceeding for Letters of Administration, we
convert the suit to a proceeding of Letters of
Administration and on the basis of the evidence
on record, we grant the Letters of Administration
in favour of the plaintiffs. However, for the
purpose of payment of deficit court fees, the
inventory of the contents of the locker was
necessary and accordingly, we passed certain
directions.
Ms. Debolina Lahiri, learned counsel
appearing for the bank, submits that valuation
was made earlier on 19th July, 2022 prior to the
order passed in this proceeding, which, however,
could not be brought to the notice of the Court,
as she was not aware of such exercise carried
out by the bank.
In view of the above, we dispose of the appeal
by directing the Trial Court to convert the suit by
treating the same as an application of Letters of
Administration. We have already decided that
the plaintiffs are entitled to Letter of
Administration.
The appellants shall put in the deficit court
fees on the basis of the valuation made by the
State Bank of India in addition to the contents of
the locker within four weeks from date. Upon
payment of such deficit court fees, the appellants
shall be entitled to Letters of Administration in
their favour.
Accordingly, the Appeal succeeds. The
judgment of the Trial Court is hereby set aside.
This order should be read along with the
order dated 22nd July, 2022.
The Appraiser Certificate filed by Ms.
Debolina Lahiri, is taken on record.
(Siddhartha Roy Chowdhury,J.) (Soumen Sen, J.)
