Court No. - 29
Case :- WRIT - C No. - 40021 of 2019 Petitioner :- Ashok Kumar Kesarwani And 2 Others Respondent :- Allahabad Bank Counsel for Petitioner :- Manoj Kumar Pandey Counsel for Respondent :- Pashupati Nath Tripathi
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Petitioners are brothers of late Km. Malti Kesarwani, who died unmarried leaving behind certain fixed/term deposit in the Allahabad Bank, Pheelkhana, Kanpur Nagar. The petitioner no.3 obtained a letter of Administration to realize and deal with the assets of the deceased including fixed/term deposits with the Allahabad Bank. The petitioner no.3 on the basis of the aforesaid letter of the Administration issued by the office of Administrator General, Uttar Pradesh, Allahabad applied for the payment of maturity value of the aforesaid fixed/term deposits, but the same has not been paid to the petitioner no.3.
Learned Counsel for the Bank states that the payment could not be made as the other two brothers of the petitioner no.3 had raised objections. There is no issue regarding genuineness of the letter of the Administration produced by the petitioner no.3. The other brothers of the petitioner no.3 have also joined him in filing this writ petition, and as such, there is no probability of any objection by them.
In view of the above, we are of the opinion that the bank cannot deny payment of the aforesaid fixed/term deposits to the petitioner no.3 on the basis of the letter of Administration produced by him. Accordingly, we dispose of this writ with the direction to respondent to make the payment of all the amounts under the Fixed/term deposits standing in the name of late Km. Malti Kesarwani with its Branch within a period of two weeks from today to petitioner no.3.
The writ petition stands disposed of. Order Date :- 19.12.2019 S. Singh