Rema K. Kutty vs State Bank Of India Spl Pbb
2024 Latest Caselaw 9751 Ker

Kerala High Court

Rema K. Kutty vs State Bank Of India Spl Pbb on 4 April, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
  THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                     WP(C) NO. 8891 OF 2024
PETITIONER:

          REMA K. KUTTY
          AGED 64 YEARS, W/O. PARAKKUNNATH KARUNAKARAN KUTTY
          37/1110, SANKETH, LAL BAHADUR SHASTRI ROAD,
          PONEKKARA CHRISTIAN CHURCH, EDAPALLY, ERNAKULAM
          KERALA, PIN - 682 024.

          BY ADVS.
               R.SANJITH
               C.S.SINDHU KRISHNAH

RESPONDENTS:

    1     STATE BANK OF INDIA SPL PBB
          SANGAMAM, GROUND FLOOR, GAS HOUSE JUNCTION,
          OPPOSITE AKG CENTRE, THIRUVANANTHAPURAM, KERALA.
          REPRESENTED BY ITS BRANCH MANAGER,
          PIN - 695 001.

    2     THE REGIONAL MANAGER
          STATE BANK OF INDIA SPL PBB SANGAMAM,
          1ST FLOOR, GAS HOUSE JUNCTION,
          OPPOSITE AKG CENTRE, THIRUVANANTHAPURAM, KERALA,
          PIN - 695 001.

    3     THE DGM STATE BANK OF INDIA SPL PBB
          ADMINISTRATIVE OFFICE, SANGAMAM, 3RD FLOOR,
          GAS HOUSE JUNCTION, OPPOSITE AKG CENTRE,
          THIRUVANANTHAPURAM, KERALA, PIN - 695 001.

    4     THE CHAIRMAN
          SBI, CORPORATE CENTRE, STATE BANK BHAVAN, MADAME
          CAMA ROAD, NARIMAN POINT, MUMBAI, MAHARASHTRA, PIN
          - 400 021.

          BY ADV
               M.JITHESH MENON, STANDING COUNSEL

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.8891 of 2024
                                 :2:



                             JUDGMENT

Dated this the 4th day of April, 2024

The wife of a late employee of the State Bank of India

has approached the Bank to operate a locker, which has been

maintained and for which the rent is being paid from the

petitioner's account. The Bank denied permission saying that the

locker account did not have a nominee. The petitioner has

produced the Death Certificate and the legal heirship Certificate.

However, permission was still denied by the Bank based on

Annexure-R1[A] settlement.

2. Standing Counsel for the Bank has submitted that the

Power of Attorney which has been produced by the petitioner did

not authorise operation of the locker. The petitioner has produced a

copy of the Power of Attorney executed by her daughter Sweta K.

Kutty along with the petition and it is seen from the said Power of

Attorney that the petitioner's daughter, who is abroad has

authorised the petitioner to do all acts in relation to the accounts

kept by the deceased husband of the petitioner with the Bank as

well as with regard to the locker, which was held by the deceased.

In such situation, there can be no further objection regarding the

right of the petitioner to operate the locker account and closing the

same.

3. The Counsel for the respondent submitted that the

petitioner will have to execute an indemnity bond. That the

petitioner shall do.

4. If the petitioner complies with all other requirements,

the Bank shall take steps for closing the locker account on the basis

of the Power of Attorney, which has now been produced. The

petitioner shall produce the original Power of Attorney before the

Bank for further action on the side of the Bank. The petitioner shall

also produce consent from the other legal heir Ms.Sidhi K. Kutty.

The writ petition is disposed of as above.

Sd/-

T.R RAVI JUDGE AMR

APPENDIX OF WP(C) 8891/2024

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF LEGAL HEIRSHIP CERTIFICATE BEARING NO. G2 -27127/21/D.DIS ISSUED BY TAHSILDAR THIRUVANANTHAPURAM.

Exhibit P2 TRUE COPY OF DEATH CERTIFICATE ISSUED BY THIRUVANANTHAPURAM CORPORATION BEARING REGISTRATION NO. 11508/2021.

Exhibit P3 TRUE COPY OF REGISTERED WILL OF LATE PARAKKUNNATH KARUNAKARAN KUTTY DATED 22.05.2020.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 07.02.2024 ADDRESSED TO THE RESPONDENTS.

Exhibit P5 TRUE COPY OF THE EMAIL DATED 19.02.2024 ISSUED BY THE 1ST RESPONDENT.

Exhibit P6 TRUE COPY OF EMAIL DATED 20.02.2024 ISSUED BY THE PETITIONER AS RESPONSE TO EXHIBIT P5 COMMUNICATION.

Exhibit P7 TRUE COPY OF EMAIL DATED 23.02.2024 ISSUED BY THE 1ST RESPONDENT IN RESPONSE TO EXHIBIT P6 REITERATING PRIOR COMMUNICATIONS AND RAISING UNTENABLE CONTENTIONS.

RESPONDENTS' ANNEXURE

Annexure-R1[A] TRUE COPY OF THE RELEVANT PAGES OF THE BANKS STANDARD OPERATING PROCEDURE REGARDING THE DECEASED SETTLEMENT OF LOCKER SAFE DEPOSIT LOCKERS SAFE CUSTODYARTICLE FACILITY REVISED GUIDLINES STANDARD OPERATING PROCEDURE SOP.