Calcutta High Court
Jyotirmoy Pal Chaudhuri vs Citi Bank N.A. & Anr on 20 September, 2022
OD-44
ORDER SHEET
CS/191/2012
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
JYOTIRMOY PAL CHAUDHURI
VS
CITI BANK N.A. & ANR.
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date: 20TH SEPTEMBER, 2022.
Appearance:
Mr. Utpal Basu, Sr. Adv.
Mr. S. Ganguly, Adv.
Ms. H. Chakraborty, Adv.
..for the plaintiff
Mr. Prabhat Kr. Srivastava, Adv.
..for the defendant No. 1
Mr. Dhilon Sengupta, Adv.
..for the defendant No. 2
The Court: Counsel for the defendant No. 1 filed affidavit of
documents. Let the same be kept with the record.
Counsel for the plaintiff, defendant No. 1 and defendant No. 2
have filed their suggested issues.
As per the suggested issues the following issues are framed:-
1.
Whether the plaintiff is entitled to the proceeds lying in
the Savings Bank Account No. 5308184333 in the name of Smt.
Shyamali Pal Chaudhuri, since deceased with Chowringee
Branch of the Defendant No. 1 bank by virtue of and on the
basis of the Succession Certificate granted by the learned
District Delegate at Alipore by the judgment and order dated
December 21, 2009 ?
2. Whether the Defendant No. 1 ought to have disbursed the
amounts lying in the Savings Bank Account No. 5308184333 in
the name of Smt. Shyamali Pal Chaudhuri, since deceased with
Chowringee Branch of the Defendant No. 1 bank to the plaintiff
and not to the Defendant No. 2 ?
3. Whether the Defendant No. 2, as the nominee of Smt.
Shyamali Pal Chaudhuri, since deceased and the account
holder of Savings Bank Account No. 5308184333 with
Chowringee Branch of the Defendant No. 1 bank is holding the
money received by her from the Defendant No. 1 in trust for
and on behalf of the plaintiff ?
4. Whether the Defendants No. 1 and 2 are jointly and/or
severally liable to make payment of a sum of Rs.2529156.85 to
the plaintiff ?
5. Whether the plaintiff is entitled to the reliefs as claimed in
the plaint and/or any other reliefs ?
6. Whether the Defendant No. 1 acted illegally and
wrongfully and in violation of the mandate and Guidelines of
the Reserve Bank of India in releasing the proceeds of Savings
Bank Account No. 5308184333 in the name of Smt. Shyamali
Pal Chaudhuri, since deceased with Chowringee Branch of the
Defendant No. 1 bank in favour of the Defendant No. 2, the
nominee despite having notice of the pendency of proceedings
of Successively Certificate ?
7. Is the present suit bad for non-joinder of necessary
parties being all the heirs of the deceased account holder,
namely, Shyamali Pal Chaudhuri ?
8. Is there is any valid cause of action of the Plaintiff against
the Defendant No. 1 ?
9. Whether the properties or sale proceeds thereof lying to
the credit of S.B. A/c. No. 5308184333 with Citi Bank,
Chowringhee Branch, were inherited by Late Shyamali Paul
Chowdhury from her father during her life time ?
10. Is the plaintiff entitled to a decree for
Rs.25,29,156.85 on the basis of the Succession Certificate
issued by the Learned District Delegate at Alipore in Act 39
Case No.388 of 2008 (Succession) in the Goods of Late
Shyamali Paul Chowdhury ?
The plaintiff is directed to file Judge's Brief of Documents within a
week after Puja Vacation.
Let the matter appear on 18th November, 2022 at 2 P.M for witness
action on behalf of the plaintiff.
(KRISHNA RAO, J.)
Sbghosh
