(1.) ONE Smt. Madhabi Chowdhury, since deceased, who happened to be the sister of the petitioners and one Debu Chowdhury, since deceased, died as an unmarried woman and during her lifetime she had made certain investments with Netaji Colony Post Office and such investments are in the nature of National Savings Certificates, Kishan Vikas Patras (hereinafter referred to as the NSCs and KVPs), Time Deposit Account and Savings Bank account. In so far as the Time Deposit Account and the Savings Bank Account are concerned there has been no dispute in between the parties since there was no nomination in such investment. But in so far as the NSCs and KVPs are concerned nominations were made by the said Madhabi Chowdhury in favour of the respondent No. 6, Smt. Sanghita Debi.
(2.) THE petitioners' case is that the said respondent No. 6, Smt. Sanghita debi, has since died, and the learned Advocate who was appearing on behalf of the respondent No. 6 had also appeared before this Court and submitted that the respondent No. 6 has since died and he had further submitted that no one after the death of the respondent No. 6, came forward to contact him on behalf of the respondent No. 6. It thus appears that none has come forward claiming to be the heir and/or legal representative of the respondent No. 6 in this case as yet. The respondent authorities are also not in a position to dispute the case of the petitioners that the respondent No. 6 has since died.
(3.) LEARNED counsel for the petitioners refers to the annexures to the supplementary affidavit in support of his submission that the respondent no. 6 died on 16. 4. 2008. It also appears from the office order dated 9. 5. 2008 issued by the Kolkata Municipal Corporation that the said respondent No. 6 died on 16. 4. 2008 at Gurudham, P-238, C. I. T. Road, Kakurgachi, Kolkata.