Advocates:
['M/S B DEEPAK NARAYANAN', '', 'S BHARGAVI', 'M/S S KANMANI ANNAMALAI', '', 'TAKES NOTICE', 'VIDE COURT ORDER DT', 'M/S S KANNIAH']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Judgment Reserved on

21.12.2021

Judgment Pronounced on

12.01.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

S.A.No.1139 of 2019

and

CMP.No.24839 of 2019

Minakshi Ganesh

... Appellant/2^nd Defendant

..vs..

1.

Ganesh Subramanian

... 1^st Respondent/Plaintiff

2.

State Bank of India

represented by its

Assistant General Manager

Personal Banking Branch

Bazullah Road, T.Nagar

Chennai-600 017.

... 2^nd Respondent/1^st Defendant

This Second Appeal is filed under Section 100 of Civil

Procedure Code against the judgment and decree dated 16.08.2019

made in A.S.No.348 of 2018 on the file of the learned II

Additional Judge, City Civil Court, Chennai, confirming the

judgment and decree dated 24.07.2018 made in O.S.No.1245 of 2013

on the file of the learned II Assistant Judge, City Civil Court,

Chennai.

For Appellant

:

M/s.B.Deepak Narayanan

For Respondent-1

:

Mr.C.Manishankar

Senior Counsel

for M/s.S.Kanmani Annamalai

For Respondent-2

:

Mr.S.Kanniah

JUDGMENT

This Second Appeal is filed challenging the judgment and

decree dated 16.08.2019 in A.S.No.348 of 2018 of learned II

Additional City Civil Court, Chennai, confirming the judgment

and decree dated 24.07.2018 in O.S.No.1245 of 2013 on the file

of learned II Assistant Judge, City Civil Court, Chennai.

https://hcservices.ecourts.gov.in/hcservices/

2.

First respondent filed the suit in O.S.No.1245 of 2013

seeking the following reliefs:-

a)

Declaring that the foreclosure and

transfer of Fixed Deposit Receipt bearing

No.30002531786 dated 09.02.2005 issued in favour of

the plaintiff being deposited in FDR No.30037266160

dated 16.02.2006 in favour of the second defendant

performed by the first defendant bank as null and

void;

b)

for mandatory injunction directing the

first defendant Bank to retransfer the said deposit

available in FDR 30037266160 dated 16.02.2006 by

restoring the original deposit made in FDR

No.30002531786 in favour of the plaintiff;

c)

for permanent injunction restraining the

first defendant Bank from disbursing or

transferring or in any way alienating the funds

available in FDR No.30037266160 to and in favour of

the second defendant or any of her nominee or any

person claiming through the second defendant; and

d)

to pass such other order or orders as

this Hon'ble Court may deem fit and proper in the

interest of justice.

3.

The case of the first respondent/plaintiff, in brief,

is as follows:-

First respondent was working in Abu Dhabi as Manager in

M/s.Parsons International. He had deposited a sum of

Rs.10,000/- US$ with the second respondent bank on 01.12.2005.

He has his NRI Account in this bank. He was issued necessary

Fixed Deposit Receipt bearing No.30002531786 dated 08.02.2005.

The period of deposit was from 01.02.2005 to 01.02.2007. He

handed over the deposit receipt to his wife/appellant/second

defendant and instructed her to renew the Fixed Deposit Receipt

on the date of maturity. To facilitate the renewal, he put up

his signature on the reverse side of the Fixed Deposit Receipt.

Appellant, instead of renewing the Fixed Deposit Receipt on the

date of maturity, approached the second respondent bank for

foreclosure of the Fixed Deposit Receipt and got it transferred

and endorsed in her favour, without the knowledge and consent of

the first respondent. She got the deposit amount transferred in

her name under FD Receipt bearing No.30037266160 dated

16.02.2006. First respondent returned to India after quitting

his job at abroad and shocked to know that the appellant left

https://hcservices.ecourts.gov.in/hcservices/

the matrimonial home at Chennai. He was not able to locate her

whereabouts. He approached the second respondent bank to update

his savings and about the deposits and came to know the transfer

of FDR in the name of appellant. Immediately, he sent an

ob