SUJANPAL SINGH Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) THE petitioner has preferred this petition under articles 226 and 227 of the Constitution of India seeking a direction against the respondent to permit him to withdraw the deposited amount from Savings Bank Account No. 5866 and to direct the payment of interest at the rate of 12 per cent. per annum.

(2.) THE petitioner and his deceased father had a joint savings bank account with the respondent. At the end of August, 1989, the petitioner's father died. The petitioner contends that after the death of his father, when he tried to withdraw the amount, he was required to submit a letter of indemnity and a declaration on oath, but despite the petitioner's furnishing the required documents, he was not permitted to withdraw the amount. The petitioner had therefore, served the respondent with a notice dated March 18, 1993, but with no response ; hence this petition.

(3.) THE respondent having filed the return, has submitted that the petitioner himself had filed an application to the respondent requesting to continue the bank account as the amounts standing in the name of his father at different places in different accounts were to be received in that account. It is contended that on the petitioner's prayer, the account was not closed by the respondent, else under the Bank Rules, after the death of any of the joint account holders, the account is to be closed. The application filed by the petitioner with the respondent has also been placed on record as annexure R-1.