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2021 Supreme(MP) 158

VISHAL DHAGAT
Shah Bano Khanam – Appellant
Versus
UCO Bank – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sharad Gupta, Learned Counsel
For the Respondent: Akhilesh Kumar Choubey, Learned Counsel

JUDGMENT :

Vishal Dhagat, J.

1. Petitioner has filed present writ petition making a prayer to issue writ of mandamus to respondent permitting the petitioner to operate the saving bank account No. 14920100000366 after completion of formalities as per master circular dated 02.07.2012.

2. Short fact of the case, is that, the petitioner namely Smt. Shah Bano Khanam has a joint account with her husband namely Nawab Ahmad Yar Jahangir Khan. Her husband expired on 02.03.2019. Despite the fact that petitioner was having a joint account with her husband, she is not allowed to operate the account by the Bank.

3. Learned counsel for the petitioner submitted that Clause-6.2 of master circular of Reserve Bank of India, which is binding upon the respondent provides as under:-

    "It may be noted that since payment made to the survivor(s)/nominee, subject to the foregoing conditions, would constitute a full discharge of the bank's liability, insistence on production of legal representation is superfluous and unwarranted and only serves to cause entirely avoidable inconvenience to the survivor(s)/nominee and would, therefore, invite serious supervisory disapproval. In such case, therefore, while making pa

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