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2015 Supreme(Ker) 68

ASHOK BHUSHAN, A.M.SHAFFIQUE
Achamma Koshy – Appellant
Versus
State Bank of Travancore Thiruvananthapuram – Respondent


Advocates Appeared:
For the Appellants:Jeena Joseph, G.D. Panicker, Advocates
For the Respondents:R1 & R2, P. Ramakrishnan, Advocate

JUDGMENT:-

Ashok Bhushan, J.

1. Heard the learned counsel appearing for the appellants and the learned counsel appearing for the Bank.

2. This writ appeal has been filed against the judgment and order dated 20th June 2014, passed in Writ Petition No.23591 of 2011, by which order the writ petition filed by the appellants has been dismissed. Brief facts of the case which need to be noted for deciding the writ appeal are;

The husband of the 1st appellant and the father of the 2nd appellant was a subscriber of the Provident Fund under the State Bank of Travancore Employees Provident Fund, who died on 25th February, 1995. After the death of Mr. Varghese Koshy, the member, the appellants were informed by the Bank that since the deceased did not make any nomination in respect of terminal benefits, they have to obtain a succession certificate to claim the amount. The appellants approached the Sub Court, Thiruvananthapuram, with OP (Succession) No. 159 of 1995. The succession certificate was granted only on 31st March 2011, authorizing the 1st appellant to collect provident fund due from the Bank. The 1st appellant submitted the certificate to the Bank and the Bank released the amount of Rs.2,


































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