IMPORTANT POINT
The nominee of a deceased account holder under the Banking Regulation Act does not become the owner of the funds, which form part of the deceased's estate and are subject to the law of succession.

JUDGMENT :

KRISHNA RAO, J.

1. The plaintiff has filed the present suit praying for a decree for a sum of Rs. 25,29,156.85/- against the defendants along with interest.

2. Sri Khagendra Pal Chaudhuri and Smt. Usha Pal Chaudhuri, both since deceased had six children in their wedlock, namely, Sri Jyotirmoy Pal Chaudhuri, the plaintiff herein, Smt. Ranu Talukdar, daughter (since deceased), Smt. Bani Roy (daughter), Sri Chinmoy Pal Chaudhuri (Son), Sri Mrinmoy Pal Chaudhuri, since deceased (son) and Smt. Sima Paul (daughter). Smt. Ranu Talukdar, one of the sister of the plaintiff died on 4th September, 1996 and one of the brother of the plaintiff, namely, Sri Mrinmoy Pal Chaudhuri died on 16th November, 2006. The wife of Sri Mrinmoy Pal Chaudhuri, since deceased being Smt. Shyamali Pal Chaudhuri also passed away on 26th July, 2008. Sri Mrinmoy Pal Chaudhuri and Shyamali Pal Chaudhuri (both deceased) had no issues.

3. Smt. Shyamali Pal Chaudhuri, since deceased died leaving behind several debts and securities. The plaintiff on behalf of his surviving brother and two surviving sisters as well as on his behalf had filed an application under Section 377 of the Indian Succession Act, 1925 before the Learned Court of District Delegate at Alipore for grant of Succession Certificate with respect to the debts and securities i.e. diverse savings bank accounts, fixed deposits accounts and others post office accounts of Smt. Shyamali Pal Chaudhuri (since deceased), wife of late Mrinmoy Pal Chaudhuri.

4. On 10th January, 2009, the plaintiff came across a letter issued by the defendant no. 1 to Smt. Shyamali Pal Chaudhuri, since deceased regarding operation of the bank account of Smt. Shyamali Pal Chaudhuri with the defendant no. 1. On receipt of the said letter, the plaintiff on 13th March, 2009, informed the defendant no. 1 that an application for grant of a Succession Certificate had been filed by the plaintiff with respect to the debts and securities of Smt. Shyamali Pal Chaudhuri and appropriate directions for operation of bank account would be given to the defendant no. 1 by the plaintiff only after grant of Succession Certificate. On 18th March, 2009, the defendant no. 1 called upon the plaintiff to provide death certificate, relinquishment deed etc. to the defendant no. 1 so that the account of the Shyamali Pal Chaudhuri being Account No. 5308184333 could be closed and the amounts will be transferred to the plaintiff.

5. The Learned Court of District Delegate at Alipore has granted Succession Certificate in favour of the plaintiff and in the said certificate, the bank account of Smt. Shyamali Pal Chaudhuri with the defendant no. 1 was one of the subject-matters. On receipt of the Succession Certificate, the plaintiff had visited the office of the defendant no. 1. The plaintiff was informed by the defendant no. 1 that the account of Smt. Shyamali Pal Chaudhuri, since deceased has been closed and the proceeds thereof had already been handed over to the defendant no. 2 sometime in the month of October, 2009, being the nominee of the said account. When the plaintiff came to know that the defendant no. 1 had released the amount in favour of the defendant no. 2, the plaintiff had submitted a letter dated 16th January, 2010 informing that the defendant no. 1 had illegally and wrongfully released the said amount in favour of the defendant no. 2 inspite of having knowledge that the plaintiff had filed an application before the appropriate court of law for grant of Succession Certificate and accordingly the plaintiff had filed the present suit.

6. On receipt of writ of summons, the defendant nos. 1 and 2 had appeared in the matter and filed their respective written statement. As per the case made out by the defendant no. 1 in the written statement that the plaintiff does not have any cause of action against the defendant no. 1 and proceeds of the bank accounts of Shyamali Pal Chaudhuri, since deceased had been handed over to the defendant no. 2 as nomine