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1988 Supreme(Ori) 123

S.C.MOHAPATRA
BRANCH MANAGER, S. B. I. , PURI – Appellant
Versus
SATYABAN PATHAL – Respondent


Advocates Appeared:
A.S.Naidu, DAITARI KAR, P.K.MISHRA, P.MOHANTY, S.N.SINHA

S. C. MOHAPATRA, J.


( 1 ) DEFENDANT No. 3, the Branch Manager of State Bank of India, Puri Branch is the appellant.

( 2 ) DECEASED Sanatan Pathal took loan from State Bank of India and as security pledged some gold ornaments. Shortly thereafter, Sanathan having expired, plaintiff 1, the eldest son approached the State Bank of India for release of the gold ornaments pledged on receipt of the amount due on the loan advanced from him. State Bank of India had no objection to release the pledged articles on receipt of the dues provided that the successors produce letters of administration or a succession certificate, as the case may be. This in short, is the grievance of the plaintiffs.

( 3 ) DEMAND for production of a legal representation in the form of letters of administration by the State Bank of India is supported by a circular issued by it for guidance of its officers which has been proved and marked as Ext. B. in the suit. Relevant portion is extracted below: - "ii. APPROPRIATE FORM OF LEGAL REPRESENTATION 3. Where a Hindu depositor with the Bank of goods and moveable property either by way of pledge or in safe deposit locker or safe custody dies intestate that is, without leav












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