Birendra Kumar Nagpal vs Uco Bank And Another
2022 Latest Caselaw 5329 Ori

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                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.9585 of 2022
                                (Through hybrid mode)


            Birendra Kumar Nagpal                        ....               Petitioner

                                                         Ms. Monika Samal, Advocate

                                            -versus-
            UCO Bank and another                         ....         Opposite Parties

                                                          Mr. B. N. Udgata, Advocate

                      CORAM: JUSTICE ARINDAM SINHA

                                       ORDER

10.10.2022 Order No.

04. 1. Ms. Samal, learned advocate appears on behalf of petitioner

and submits, her client is beneficiary of registered will dated 19th July,

2017. He sought disbursement of money lying with the bank of the

testatrix, since deceased. On not getting it the writ petition was filed.

2. Mr. Udgata, learned advocate appears on behalf of the bank

and submits, necessary document regarding proof of will by probate

was not furnished by petitioner.

3. Rejoinder has been filed. In paragraph 5 there is reference to

judgment dated 24th July, 2019 made by the Supreme Court in Civil

Appeal no.5823 of 2019 (Kanta Yadav vs. Om Prakash Yadav and

others) declaring the law on wills and codicils made by any Hindu,

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Buddhist, Sikh or Jaina, who was subject to the jurisdiction of the

Lieutenant Governor of Bengal or the local limits of ordinary original

civil jurisdiction of the High Courts of Madras or Bombay, to require

obtaining probate. She submits, Jharsuguda does not fall under the

jurisdiction of the Lieutenant Governor of Bengal nor the High Courts'

of Madras and Bombay.

4. The bank already has submitted to it, copy of the registered

will. It may require petitioner to produce the certified copy for purpose

of comparison, to ascertain that the copy submitted is the true copy.

Thereupon the bank will return the certified copy to petitioner and

forthwith disburse money lying in account(s) of the deceased testatrix,

to petitioner.

5. The exercise is to be completed within two weeks of

communication. Petitioner will comply with all other requirements.

6. The writ petition is disposed of.

(Arindam Sinha) Judge Prasant