Bishamber Lal Kapur Through Lrs. vs Chairman, Allahabad Bank & Ors
2009 Latest Caselaw 4543 Del

R-15.
*IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                  Date of Decision: 09.11.2009

+                       LPA No.594/2002

       BISHAMBER LAL KAPUR THROUGH LRS.       ....Appellants
                     Through: Ms.Urmila Sharma, Advocate.
               versus
       CHAIRMAN, ALLAHABAD BANK & ORS     ..... Respondents
                     Through: Mr.Dhruv Mehta and Mr.Mohit
                              Abraham, Advocates.

       CORAM:
       HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
       HON'BLE MR. JUSTICE SURESH KAIT

1.     Whether the Reporters of local papers may be allowed to
       see the judgment?                         No.

2.     To be referred to the Reporter or not?         No.

3.     Whether the judgment should be reported in the
       Digest?                                   No.


PRADEEP NANDRAJOG, J. (ORAL)

1. The appellant, employed with the Allahabad Bank

has died during the pendency of the appeal. His wife and

children are prosecuting the appeal as his legal heirs.

2. Writ petition, challenging the disciplinary

proceedings as also the order passed after the enquiry as also

the order dismissing the appeal filed by the appellant against

the penalty of dismissal from service, has failed.

3. As per the respondent Bank, post dismissal of the

appellant, benefits payable i.e. amount lying in deposit in the

Provident Fund Account of the appellant was tendered which

tender was refused to be accepted by the appellant as he

thought that he has a great chance of success in the appeal.

Probably, the appellant desired that the money should remain

in the Provident Fund Account maintained by the respondent in

the name of the appellant, hoping that the statutory interest

would accrue thereon.

4. According to the respondent Bank, since the

necessary cheque was drawn and tendered to the appellant, a

corresponding debit entry was made in the Provident Fund

Account of the appellant. Since the appellant did not receive

the money under the cheque, the amount due under the

cheque was credited in the Sundry Account.

5. The said Sundry Account bears no interest.

6. The appellant filed a criminal complaint against the

officers of the Bank alleging misappropriation of the money

lying to his credit in the Provident Fund Account.

7. The appeal had reached for hearing on 03.11.2009

when learned counsel for the legal heirs of the deceased

appellant made a submission that if the respondent Bank were

to pay over the money lying in deposit in the Provident Fund

Account of the deceased appellant as on the date, the account

was debited on money being transferred in the Sundry

Account, together with reasonable interest, the legal heirs of

the deceased appellant would not like to continue with the

prosecution of the appeal on merits, and would withdraw the

criminal complaint filed against the officials of the Bank.

8. Accordingly, the instant appeal was retained on

Board, requiring the respondent Bank to revert back to this

Court.

9. Learned counsel for the respondent Bank informs

that he has the consent of the respondent Bank to concede

before this Court that in order to give a quietus to the

controversy, the respondent Bank is willing to release the

amount which was lying in credit in the Provident Fund Account

of the deceased appellant together with interest as applicable

on Saving Bank Account, from time to time, from the date the

amount was transferred in the Sundry Account till date of

payment.

10. Learned counsel for the legal heirs of the deceased

appellant accepts the offer and states that the cheque in

question be tendered in the name of Smt. Sudesh Kapur, the

wife of the deceased appellant and the consent of the children

of the deceased appellant be taken on record that on payment

of the said amount, it shall be treated to be a complete

discharge by the respondent Bank vis-à-vis the estate of the

deceased.

11. We note that the appellant was survived by his wife

Mrs. Sudesh Kapur, two sons, namely, Rajan Kapur and Neeraj

Kapur as also a married daughter Monika Puri.

12. Learned counsel for the legal heirs of the deceased

appellant gives concession not to press the appeal on merits.

13. The instant appeal, accordingly, stands disposed of

without any adjudication on merits with a direction to the first

respondent to pay over the amount lying to the credit of the

deceased appellant in his Provident Fund Account which

amount was transferred and credited in the Sundry Account.

The amount shall be paid with interest at the rate applicable

from time to time treating the amount in deposit in the Sundry

Account of the respondent No.1 as if it was lying credited in a

Saving Bank Account maintained in the name of the deceased

appellant.

14. The cheque in question shall be drawn in favour of

Mrs.Sudesh Kapur and would be posted to her under

Regd.A.D.Post at: Neeraj Kapur C/o Mrs.Sudesh Kapur, R/o B-

VI/219, Fatehganj, Samrala Road, Ludhiana, Punjab. The

amount would be tendered positively within a month from

today.

15. We take it on record that upon payment of the

amount by means of a cheque, the dues of late appellant shall

be treated as settled vis-à-vis the wife, two sons and a

daughter of the deceased appellant.

16. Learned counsel for the legal heirs of the deceased

appellant undertakes on behalf of the legal heirs of the

deceased appellant to withdraw the criminal complaint being

prosecuted by the legal heirs of the deceased appellant; being

Complaint Case No.45/2001 pending in the court of Chief

Metropolitan Magistrate, Patiala House Courts, New Delhi.

17. The respondent No.1 Bank would cooperate, if any

steps are required to be taken by the Bank, to facilitate the

withdrawal of the criminal complaint aforenoted.

18. No costs.

PRADEEP NANDRAJOG (JUDGE)

SURESH KAIT (JUDGE) NOVEMBER 09, 2009/sb