B.S. NARWAL Vs. RBI

JUDGEMENT

(1.) DESPITE the judgment of a competent civil court delivered in an interpleader suit filed by the respondent bank, the petitioner continues to harp on his right to claim the amount in the present writ proceedings filed by him. Undeterred by the judgment of the civil court that operates as res judicata against him the petitioner argues that the bank should release the payment in his favour without so much as demanding a succession certificate from him. The present writ petitions essentially raise the question whether the petitioner is entitled to such a direction. Before we examine whether that is permissible, we may briefly refer to the writ petitions :

(2.) IN Writ Petition No. 23/2008, the petitioner has prayed for a writ of certiorari quashing a communication dated 22.3.2007 issued by the Reserve Bank of India whereby the petitioner has been informed that since his case has been finally settled by the competent court, the complaint made by him against the Punjab National Bank, New Delhi has been closed by the RBI.

(3.) IN Writ Petition No. 178712008 the petitioner has prayed for a writ of certiorari quashing communications dated 2.6.2007, 1.8.2007 and 4.8.2007 whereby the petitioner has been called upon to furnish a succession certificate for settlement of his claim and release of the dues lying in the account of late Sh. Boor Singh mentioned earlier. The letter further informs the petitioner that his claim for withdrawal of the amount from the account of Sh. Boor Singh cannot be entertained in the light of the decision rendered by a competent Civil Court at Kapurthala passed in a interpleader suit filed by the bank whereby the Civil Court has held that neither the petitioner nor the rival claimant Sh. Jasjit Singh were entitled to claim the amount lying in the account in question. The controversy arises in the following circumstances: