TEJINDER CHARAN SAXENA Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) By this writ petition, petitioner seeks a writ of mandamus with direction to the respondent bank to substitute the name of the petitioner in all the FDRs enclosed with the petition as Annexure 3 (colly). The particulars of said FDRs are as under :

(2.) Petitioners claim substitution on the basis that they are the only sole LRs and successors to deceased Smt.Prakashwati Saxena, who is the first holder of the FOR. FDRs are in the name of Prakashwati Saxena and Randeep Verma.

(3.) It is the case of the petitioner that Smt.Prakashwati Saxena was married to Shri Kamla Charan Saxena. Learned counsel during the course of oral submissions urged that the name of Shri Randeep Verma has been deceitfully and fraudulently added in the FDRs and Smt.Prakashwati Saxena was the sole holder of the FDRs. There is no averment made in this regard in the writ petition. Petitioner claims to have obtained a Letter of Administration in respect of these FDRs, of which the first holder was Counsel for the respondent, Ms.Sujata Kashyap submits that this is a case where the FDRs- were jointly held by Smt. Prakashwati Saxena and Shri Randeep Verma. The deceased Smt.Prakashwati Saxena had notified the bank that no payment of the FOR should be made during her life time to Randeep Verma. This was the only fetter on encashment of the FDR by the joint holder, but the same was applicable only during deceased's life time. As per the bank records two of the FDRs were duly encashed by Randeep Verma. Record in respect of the balance FDRs were in the process of being traced out.