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1994 Supreme(Cal) 41

A.N.Ray
Shakuntala Devi Prahladka – Appellant
Versus
Punjab National Bank – Respondent


Judgment

1. THE Suit is filed by the first plaintiff who is the mother of the second in respect of a Joint Savings Bank A/c. opened by them in the Zakaria Street Branch of the defendant bank on or about the 11th of January, 1983.

2. IN the said account three several sums were paid in, a sum of Rs.100/- for opening the account, a sum of Rs.2,02,800/- being the money paid to the plaintiff by the LIC for the unfortunate demise of the second plaintiffs younger brother and another sum of Rs.35,208. 00. The aggregate amount paid into the account was Rs.2,38,108. 00 and it has, at the stage of arguments, been concerned by Mr. M. R. Singla that this principal amount is indubitably payable by the defendant to the plaintiffs.

3. ALTHOUGH such a concession was made at the very end of the suit the defendant Bank had not at any stage paid the money into Court or otherwise seen to it that the plaintiff receive the principal sum without prejudice to the rights and contentions of the defendant as to their points in the suit. Accordingly the grant of interest pendente lite and further interest from 1985 will follow as a matter of course.

4. THE parties went to trial on the following issues :-

1. Did






















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