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2012 Supreme(Pat) 596
IN THE HIGH COURT OF JUDICATURE AT PATNA
RAMESH KUMAR DATTA, J.
Sachani Devi W/O Late Moti Lal Ram - Petitioner/s
Versus
The State Of Bihar & Ors. - Respondent/s
Civil Writ Jurisdiction Case No.22601 of 2011
Decided on : 18-04-2012
For the Petitioner/s: Mr. Ramadhar Shekhar.
For the State : Mr. Sanjeet Kumar Singh, AC to AAG-14.
For Punjab National Bank: Mr. Kumar Priya Ranjan.
Verification of legal heirs' identity and compliance with Bank guidelines for settlement of claims.
Headnote:
Bank - Claim for Payment and Release of Locker Contents - Law Division Circular No. 2/Law/07 - Clause 7, Clause 5F
Fact of the Case:
The petitioner, widow of deceased Moti Lal Ram, sought direction for payment of deposit in Saving Bank Account and release of articles from a locker held by the respondent-Punjab National Bank. The petitioner and the respondents, being the legal heirs, approached the Bank for payment and release of articles, but no action was taken by the Bank.
Finding of the Court:
The court found that the petitioner and the respondents were entitled to the payments and the articles in the locker as per the guidelines provided by the Bank. The court directed the petitioner to approach the Bank with necessary documents for further action in accordance with the guidelines.
Issues: Entitlement of legal heirs to payment and release of locker contents, compliance with Bank guidelines, and requirement of Letter of Administration.
Ratio Decidendi: The court interpreted the Bank guidelines and found that a Letter of Administration is not strictly required for each legal heir. The court emphasized the verification of the identity of the legal heirs by the Bank and directed compliance with the guidelines for settlement of the claim.
Final Decision: The writ application was disposed of with directions for the petitioner to approach the Bank with necessary documents for further action in accordance with the guidelines.
Heard learned counsel for the petitioner and learned counsel for the respondent-Punjab National Bank.
2. The petitioner has approached this Court for a direction upon the respondent-Bank to make payment of deposit lying in Saving Bank Account No. 3543 along with interest and also to release the articles kept in Locker No. 2/2006 to the petitioner and respondent nos. 5 to 11.
3. The petitioner is the widow of deceased Moti Lal Ram and respondent nos. 5 to 11 are the three daughters and four sons respectively.
4. The petitioner’s husband Late Moti Lal Ram was the holder of the aforesaid Saving Bank Account and was the licensee of Locker No. 2/2006 of the said Bank in which certain articles are stated to have been kept. The said Moti Lal Ram died on 30.5.2008 and thereafter the petitioner and the respondents being the only legal heirs and entitled to the aforesaid amounts lying in the said Saving Bank Account and the articles kept in the Locker, approached the Bank by filing an affidavited application for payment of the amount and handing over the articles. Heirship certificate issued by the Circle Officer has also been enclosed as also the power of attorney on behalf of respondent nos. 5 to 11 in favour of the petitioner for releasing the amounts and articles to her. All this was done on 18.8.2008 but it is the claim of the petitioner that till today neither any amount has been paid nor the articles kept in the locker have been handed over to them.
5. Learned counsel for the petitioner relies upon a Law Division Circular No. 2/Law/07 dated 19.5.2007 issued by the Head Office of the Bank for Settlement Of Deceased Claims Cases (Deposit Account/Locker Account)-Guidelines. Clause 7 of the said Guidelines is in the following terms:-
“7. SETTLEMENT OF CLAIM CASE, WHERE VALUE OF CLAIM EXCEEDS RS. 25,000/-. In claim cases involving amount exceeding Rs. 25,000/- confidential enquiry be made by the Incumbent about the legal heirs of the deceased as disclosed in the claim form. Keeping in view the outcome of the confidential inquiry, the claim may be settled and paid to the legal heirs of the deceased against Indemnity Bond with surety to the satisfaction of the Incumbent In charge/Sanctioning Authority (Specimen of “Indemnity bond with Surety” in case of Deposit Account and in case of Locker Account are given at APPENDIX “E” and “F” respectively). Gold ornaments or other securities held against advances may also be released on adjustment of the relative advances, on the above lines. As a rule, surety worth double the amount of claim need not be insisted upon.”
6. Clause 5F deals with the settlement of the case in respect of the contents of locker which is in the following terms:-
“Clause 5F. Claims in respect of contents of Locker (i) If claim is to be settled on the title being legally established, the claimant be advised to bring “Letter of administration” from the competent court.
(ii) Claim case in respect of contents of locker may be settled against execution of agreement of Indemnity/Indemnity bond on format as per Appendix “D” and “F” based on the value of the contents of locker and after completion of other formalities like submission of declaration on form no. PNB-46-47, death certificate etc.”
7. Learned counsel for the petitioner submits that in view of the aforesaid provisions the petitioner and respondent nos. 5 to 11 are entitled to the payments and the articles in the locker for which the petitioner and the respondents are willing to comply with the requirements laid down in the Guidelines by providing Indemnity/Indemnity bond with surety, if required.
8. With respect to the settlement of the claim for the SB A/c., learned counsel for the respondent Bank submits that so far as the payment of amount in the SB A/c. is concerned, the petitioner may approach the authorities of the Bank by filing an Indemnity bond in the prescribed form whereafter the Bank will make necessary enquiry and verification and ensure that
