Point of Law: Old/sick/incapacitated bank customers - Person who would be entitled to operate his bank account and can be appointed as guardian to the person.

JUDGMENT :

PRATEEK JALAN, J.

The proceedings in the matter have been conducted through hybrid mode [physical and virtual mode].

1. By way of the present writ petition, the petitioner seeks a direction upon the respondent/State Bank of India [“the Bank”] to release an amount of Rs. 30,000 per month to him from the bank account of his incapacitated nephew, Mr. Ajit Kumar Singh [“AKS”].

2. The case of the petitioner is that AKS has been rendered incapacitated and bedridden as he has been suffering from acute ischemic strokes since 2018. According to the petitioner, AKS’s health worsened in November, 2020, for which he had to be hospitalized. A discharge report of the Department of Neurology of the All India Institute of Medical Sciences, New Delhi [“AIIMS”] dated 07.11.2020 has been placed on record [Annexure P-3 to the writ petition] in this regard. He further submits that an amount of Rs. 30,000 per month would be required so as to meet AKS’s daily and medical expenditure, including doctors’ fees, medicines, food, therapist, nurse etc. Although AKS is married and has two children (who were impleaded in this petition as respondent nos. 3 to 5 vide order dated 11.01.2021), it is stated that he and his wife had mutually decided to part ways on account of marital discord. A settlement dated 06.02.2020 was entered into by them (Annexure P-5 to the writ petition), which has, however, not been enforced due to the ailing health of AKS. The petitioner, being the paternal uncle of AKS, states that he has been taking care of his nephew and has been acting as his guardian, in addition to maintaining his own family, but is not in a position to financially sustain his nephew indefinitely, and meet his medical expenditure as well.

3. The petitioner claims to have visited the Bank and made a request for the withdrawal of the said amount from the bank account of AKS to meet his medical expenses. However, the request was denied by the Bank on the ground that there was no policy which allowed for such withdrawals, even by family members in cases of medical emergencies, and that it can only be done under the orders of a competent court. The petitioner thereafter addressed a letter dated 09.12.2020, reiterating the above request. However, the letter has not elicited a response.

4. The present writ petition has been filed in the above circumstances, in which the petitioner has sought the following relief:

“(a) Issue a writ in nature of Mandamus directing the Respondents to release a fixed monthly amount of Rs. 30,000/- (Rupees thirty thousand) from the saving account no. 35865481566 of Sh. Ajit Kumar Singh to the Petitioner for meeting the his medical expenditure till Sh. Ajit Kumar Sing regains his health.

(b) Pass any other orders that this Hon'ble Court deems just fit and necessary.”

5. Notice was issued in this petition on 11.01.2021, including to the wife and children of AKS, who were arrayed as respondent nos. 3 to 5 in the petition. By the said order, this Court also requested Mr. Ramesh Singh, then learned Standing Counsel (Civil) for the Government of NCT of Delhi [“GNCTD”] to assist it as Amicus Curiae, and also take instructions as to whether the GNCTD can carry out any exercise of verification of the status of the petitioner and the averments made in the petition.

6. Pursuant to the aforesaid order, Mr. Singh appeared on 25.01.2021 and drew my attention to Clause 5.7 of the Master Circular on Maintenance of Deposit Accounts - UCB dated 01.07.2009 [“the Master Circular”] issued by the Reserve Bank of India [“RBI”] the relevant portions of which read as follows:

“5.7 Operation of Bank Accounts by Old/Sick/Incapacitated Customers:

5.7.1 In order to facilitate old/sick/incapacitated bank customers to operate their bank accounts, procedure as laid down in paragraph 5.6.2 below may be followed. The cases of sick/old/incapacitated account holders fall into the following categories:

(i) an account holder who is too ill to sign a cheque/cannot be physically p