ANJU Vs. RAMPAL

JUDGEMENT

(1.) The Plaintiff No. 1 - Anju Bala is the wife of late Shri. Hari Om Rana. The Plaintiff No. 2 - Kumari Bharti Rana, is her daughter, who is a minor. Defendant No. 1 - Rampal is the father of Late Shri. Hari Om Rana and the father-in-law of Plaintiff No.1 and grandfather of Plaintiff No. 2. Defendant No. 2 is the State Bank of India, Dwarka, New Delhi.

(2.) The Plaintiffs, Anju Bala and Bharti Rana have filed the present suit seeking recovery of Rs. 4,07,81,344/- against the Defendants under Order XXXVII CPC. The case of the Plaintiffs is that she is the widow of late Shri. Hari Om Rana who was living separately from his father in Palam Vihar, Gurgaon. He was a property dealer. He passed away on 7th October, 2008 and the Plaintiffs did not have any information about his movable and immovable properties. According to the Plaintiffs, the Defendants committed various acts of fraud and misappropriated the money belonging to late Shri. Hari Om Rana. It is the allegation in the plaint that all the documents and the details of the bank accounts including the cheque books, passbooks, ATM cards, FDRs etc. pertaining to late Shri. Hari Om Rana have been taken away by her in-laws. She claims that her husband had deposited a sum of Rs.3.5 crores in his bank account which was received by him from the sale proceeds of some lands along with his father, Defendant No. 1 - Rampal. The Plaintiffs approached the State Bank of Patiala Village Bamnoli, Dwarka which is now State Bank of India, which denied the existence of such an account. The Plaintiffs then filed Civil Suit No 139/2011 seeking details of all the bank accounts and fixed deposits maintained by her husband. Upon the same being disclosed by the bank, they have filed the present suit seeking recovery. The submission of the Plaintiffs is that there are various irregularities and unusual transactions which point to the fact that fraud has been committed by the Defendant No. 1 both during the lifetime of late Shri. Hari Om Rana and after his demise. Specific details of the amounts which were revealed as having been paid to Mr. Rampal from the bank account of late Shri. Hari Om Rana vide cheques are as under:

(3.) The above amount is a total of Rs.1,86,35,000/- which was given to his father - Rampal. The amounts were paid from bank account No. 65015999965 in which there was also a deposit of Rs. 3,44,27,765/-. It is the case of the Plaintiffs that the said bank account was closed down on 24th December, 2007 and on the same day, another savings bank account was opened in the Defendant No.2's bank. It is claimed that out of the above- mentioned amounts, some amount was returned by Defendant No. 1 and an amount of Rs. 1,36,35,000/- was outstanding. The Plaintiffs further plead that a FDR for a sum of Rs. 1 crore was created from the bank account of her husband which had finally matured for a sum of Rs. 1,19,61,682/-. It is claimed that after the death of Shri Hari Om Rana, Rampal was shown as a nominee for the said FDR and he encashed the said FDR for a total sum of Rs. 1,12,19,339/-. The Plaintiffs claim recovery of sum of Rs. 1,36,35,000/- and 1,12,19,339/-. Interest is also claimed on the said amounts. Thus, the decree is prayed for a total sum of Rs. 4,07,81,344/-.