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2016 Supreme(Cal) 830

DIPANKAR DATTA
Communist Party of India (Marxist) – Appellant
Versus
United Bank of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. Samrat Sen, Ms. Saswati Chatterjee, Mr. Agniv Sinha
For the Respondents: Mr. Basudeb Mukherjee, Mr. Sandip Bhakat

JUDGMENT :

1. Although the dispute that this Bench is called upon to examine is between a political party on the one hand and a nationalized bank on the other, the basic question that would engage the attention of this Bench is, whether the wish of a person, who is no longer alive in this mortal world, should be allowed to prevail over a technical objection.

2. The aforesaid question emerges in view of the facts narrated hereafter.

3. Tushar Kanti Das Purakayastha (since deceased), during his lifetime, maintained a savings bank account (hereafter the said account) with the Syed Amir Ali Avenue Branch (hereafter the said branch) of the United Bank of India (hereafter UBI). Being a member of the Communist Party of India (Marxist) [hereafter the petitioner], late Tushar Kanti Das Purakayastha [hereafter the customer] had nominated the Secretary, Kolkata District Committee of the petitioner to whom the amount lying in deposit in such account may be returned by the said branch in the event of his death. After his death on January 20, 2014, the petitioner by its letter dated February


































































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