BHARATHI AMMA Vs. CANARA BANK

JUDGEMENT

(1.) The petitioner is stated as the widow of the deceased Sasidharan Nair who has certain deposits in the respondent Bank. Pursuant to the demise of the petitioner's husband on 27.07.2009, the petitioner is claimed to be left as the sole legal heir. The petitioner approached the respondent Bank for furnishing particulars of the account maintained by the deceased husband, so as to enable her to pursue further steps to obtain the amount from the Bank. The Bank resisted the claim saying some excuse and the representation preferred by the petitioner did not turn to be fruitful. This made the petitioner to approach this Court by filing this Writ Petition. The prayers raised in the Writ Petition are in the following terms:

(2.) The respondent Bank has filed a detailed counter affidavit pointing out that the Bank is not in a position to part with the particulars for the reason that the connection of the petitioner with the deceased husband has not been established. By virtue of the mandate of S. 45ZB of The Banking Regulation Act, 1949 the course pursued by the Bank is sought to be justified; however adding in paragraph '8' that the Bank is ready and willing to furnish the details of the account (deposit left by the deceased) in case this Court passes an order to that effect.

(3.) Heard the learned counsel for the petitioner as well as the learned counsel for the Bank.