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2011 Supreme(Del) 237

KAILASH GAMBHIR
STATE BANK OF INDIA – Appellant
Versus
VIJAY LAKSHMI THAKRAL – Respondent


Advocates Appeared:
Mr.S.L. Gupta & Mr. Ram Gupta, Advocates.
Mr. J.R.Bajaj, Advocate.

JUDGMENT

KAILASH GAMBHIR, J.

1. By this appeal filed under Section 96 of the Code of Civil procedure, 1908 the appellant seeks to set aside the judgment and decree dated 11.11.2002 passed by the Court of the ADJ, Delhi whereby the suit for recovery filed by the respondent was decreed in favour of the respondent and against the appellant.

2. Brief facts of the case relevant for deciding the present appeal are that the respondent is the widow of late Sh. Satish Chander Thukral who was working as an officer in the State Bank Of India and had expired on 22.11.84 leaving behind the respondent widow and his mother as legal heirs. That after the death of her husband, the respondent vide her application dated 29.3.85 requested the appellant bank to release his terminal dues like provident fund and gratuity, etc. In response, when the Bank asked the respondent to submit the requisite papers including the succession certificate, she was unable to do so due to the inter se disputes between the legal heirs. For this purpose, the respondent had approached the concerned civil court which granted the succession certificate on 4.6.97 in favour of the respondent. On furnishing the same on 6.6.97, th










































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