Bhagarathi Devi vs The Managing Director, State Bank ...
2021 Latest Caselaw 5249 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.1358 of 2021
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Bhagarathi Devi, Wife of Late Dharmnath Thakur, resident of Village-

Panchviriya, Police Station-Garkha, District-Saran.

... ... Petitioner/s Versus

1. The Managing Director, State Bank of India, State Bank of India Bhawan,

M.C. Road Nariman Point Mumbai, Maharashtra.

2. The State Bank of India, South Gandhi Maidan, Patna through Manager.

3. The Branch Manager, State Bank of India, Patna Secretariat Branch, Patna.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Ban Bihari Singh, Advocate

For the Respondent/s : Mr. Sanjiv Kumar, Advocate

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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 16-11-2021

Heard learned counsel for the parties.

The petitioner has prayed for the following relief/s :-

"for issuance of writ/writs, direction/directions, order/orders for transfer of Rs.12,03,163/- with interest from Saving Account of Late Dharmnath Thakur bearing Saving Account no.10839377594. The State Bank of India Secretariat Branch to Saving Account of Bhagarathi Devi bearing Saving Account No.38290955445 in same branch and for grant of any other relief/reliefs for Patna High Court CWJC No.1358 of 2021 dt.16-11-2021

which the petitioner shall entitle for in the facts and circumstances of the case of the petitioner."

The petitioner claims to be widow of the deceased

government employee, who had a saving bank account in State

Bank of India, Secretariat Branch, in which a deposit of

Rs.12,03,163/- is lying and she had applied to the said bank for

transfer of the said amount into her account in the same bank.

It is submitted on behalf of the learned counsel for the

petitioner that the bank had required surety to be given by the

two account holders who have Rupees Nine Lacs and more in

their account for which petitioner is not capable to give such

surety.

However, a counter affidavit has been filed by the

bank in which vide Annexure-R1/1, a circular dated 02.11.2017

has been placed on record, Clause-B whereof requires that if the

amount claimed is more than Rupees Five Lacs then the

claimant will have to submit the documents as detailed therein.

Learned counsel for the petitioner agrees to the same

and undertakes to submit the required documents as contained

in Clause B of the said circular to the bank within one month

and thereafter the bank shall release the amount in favour of the

petitioner who is widow of the deceased account holder within

fifteen days.

Patna High Court CWJC No.1358 of 2021 dt.16-11-2021

Statement is accepted and taken on record.

With the aforesaid observation, the writ application

stands disposed of.

Interlocutory Application, if any, stands disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 22.11.2021 Transmission Date