JYOTIRMOY PAL CHAUDHURI Vs. CITI BANK N.A.

JUDGEMENT

(1.) The plaintiff has filed the present suit praying for a decree for a sum of Rs.25,29,156.85 against the defendants along with interest.

(2.) Sri Khagendra Pal Chaudhuri and Smt. Usha Pal Chaudhuri, both since deceased had six children in their wedlock, namely, Sri Jyotirmoy Pal Chaudhuri, the plaintiff herein, Smt. Ranu Talukdar, daughter (since deceased), Smt. Bani Roy (daughter), Sri Chinmoy Pal Chaudhuri (Son), Sri Mrinmoy Pal Chaudhuri, since deceased (son) and Smt. Sima Paul (daughter). Smt. Ranu Talukdar, one of the sister of the plaintiff died on 4/9/1996 and one of the brother of the plaintiff, namely, Sri Mrinmoy Pal Chaudhuri died on 16/11/2006. The wife of Sri Mrinmoy Pal Chaudhuri, since deceased being Smt. Shyamali Pal Chaudhuri also passed away on 26/7/2008. Sri Mrinmoy Pal Chaudhuri and Shyamali Pal Chaudhuri (both deceased) had no issues.

(3.) Smt. Shyamali Pal Chaudhuri, since deceased died leaving behind several debts and securities. The plaintiff on behalf of his surviving brother and two surviving sisters as well as on his behalf had filed an application under Sec. 377 of the Indian Succession Act, 1925 before the Learned Court of District Delegate at Alipore for grant of Succession Certificate with respect to the debts and securities i.e. diverse savings bank accounts, fixed deposits accounts and others post office accounts of Smt. Shyamali Pal Chaudhuri (since deceased), wife of late Mrinmoy Pal Chaudhuri.