Court No. - 52
Case :- WRIT - C No. - 19281 of 2019 Petitioner :- Vijay Pratap Singh Respondent :- I.C.I.C.I. Bank Thru. Bank Manager Civil Lines And 2 Others Counsel for Petitioner :- Mithilesh Kumar Ojha Counsel for Respondent :- Manish Trivedi
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Rajiv Gupta,J.
Heard Sri Mithilesh Kumar Ojha for the petitioner and Sri Manish Trivedi for respondents.
The writ petition has been filed for quashing the order dated 8.1.2019 passed by Bank Ombudsman, Uttar Pradesh.
The dispute in the present writ petition is related to terminal benefit of Balbir Singh, who died on 13.10.2017. According to the counsel appearing on behalf of respondent, Balbir Singh left behind him, his wife, who had also filed her claim in respect of terminal benefit of Balbir Singh.
So far as the petitioner is concerned, the petitioner is deriving his right on the basis of Will allegedly executed by Balbir Singh, which was registered subsequent to his death. In such circumstances, succession certificate from the competent court was necessary. Therefore bank has declined to make payment to anyone. The order was earlier challenged before this Court in Writ C No. 17475 of 2018, which was dismissed by the order dated 17.7.2018. Thereafter the petitioner has approached Bank Ombudsman, Uttar Pradesh, who has directed the petitioner to comply with the direction of the bank issued under the letter dated 24.8.2018 by which the petitioner was asked to supply the succession certificate. In such circumstances in the absence of succession certificate, no payment can be made.
The writ petition is dismissed with liberty to the petitioner to obtain a succession certificate and apply afresh for payment of dues.
Order Date :- 31.5.2019 Rahul Dwivedi/-