K. Gopinath v. President The Chennai Port Trust Employees
2012-07-02
M.JAICHANDREN
body2012
DigiLaw.ai
Judgment :- 1. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent. 2. It has been stated that a sum of Rs.2,00,000/-had been deposited with the respondent, in a Fixed Deposit, by the petitioners and their aunt late Meera Jothi under, F.D.R. No.0050228, dated 14.01.2008. The said Fixed Deposit had matured in the month of January, 2009. The claim of the petitioners is that the amount of Rs.2,00,000/-, which is in the respondent bank, as Fixed Deposit, should be paid to them, along with the accrued interest thereon, as it had matured in the month of January 2009. 3. A counter affidavit has been filed on behalf of the respondent stating that, though the petitioners had produced the xerox copies of the Depositor's Death Certificate, the Fixed Deposit Receipt, the Legal Heir Certificate and the Consent Affidavit of first petitioner, to disburse the amount, in favour of the second petitioner, they had not complied with the following Procedures: "(A) Declaration affidavit declaring that the nominees mentioned in the application i.e. (i) Gopi and "Prem" and the writ petitioner's namely Gopinath and Premnath (both are the sons of Kulasekaran) are one and the same persons by affixing their photo duly attested by a Notary/Commissioner of Oaths; (B) As per the Hindu Succession Act, 1956 the depositor's Brother and Sister namely N.Kulasekaran and Mrs.Loganayagi are very much residing at Kancheepuram and hence the petitioners/nominees are only the Trustee/Custodian on behalf of the original Class II Legal Heirs. Therefore, the petitioners are bound to get No Objection by way of declaration affidavit from those Class II legal heirs namely N.Kulasekaran and Mrs.Loganayagi, so as to disburse the amount as per the law, without further loss of time." 4. The learned counsel appearing on behalf of the petitioners had submitted that the petitioners would make a declaration, by way of an affidavit, declaring that the petitioners are the nominees mentioned in the application.
The learned counsel appearing on behalf of the petitioners had submitted that the petitioners would make a declaration, by way of an affidavit, declaring that the petitioners are the nominees mentioned in the application. He had also submitted that the petitioners would furnish the necessary indemnity bond, to the respondent bank, and would also give an undertaking that, if rival claims are made, by the second class legal heirs, if any, or by or any other person, in respect of the amount disbursed to the petitioners, by the respondent bank, they would indemnify the same as they would hold the amount so disbursed to them, in trust, in respect of the rival claims that may be made by the persons concerned. 5. In view of the above, the respondent is directed to disburse the amount of Rs.2,00,000/-,along with the interest accrued thereon, which is in the fixed deposit with the respondent bank, to the petitioners, after obtaining the original documents, which are found to be necessary, including the fixed deposit receipt and the indemnity bond, as undertaken by the petitioners, within a period of four weeks from the date of receipt of a copy of this order. The writ petition is disposed of, with the above directions. No costs. Consequently, connected Miscellaneous Petition is closed.