S. D. AGARWALA, J.

( 1 ) HEARD learned counsel for the petitioner and learned counsel for the Bank.

( 2 ) ON 16th May 1989, time was granted to the Bank to file counter-affidavit. No counter-affidavit has been filed. Today learned counsel for the Bank sought for further time to file the counter-affidavit. In the interest of justice, we do not think it proper to grant any further time as the facts are not disputed.

( 3 ) THE petitioners husband Sri Hira Lal made fixed deposits in the Central Bank of India for a sum of Rs. 80,000/- The total number of fixed deposits receipts were 25. The petitioner was shown as the nominee in all 25 fixed deposit receipts. Hira Lal died on 4th March, 88. Thereafter, the petitioner who was the widow of Hira Lal made a request to the Bank to permit her to withdraw the fixed deposit amount before the date of maturity as she was in urgent need of money because she required the money for her treatment.

( 4 ) THE Bank rejected the request of the petitioner on the ground that the money can be given to the petitioner only after maturity. Section 45za of the Banking Regulation Act, 1949 reads as following:-"45za. nomination for payment of depositors money- (1

Click Here to Read the rest of this document