Advocates:
['Vivek Prasad', 'Ajay Kumar Sinha', '', 'Shambhu Nath']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8986 of 2013

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Rekha Verma W/O - Late Kamla Kant Verma R/O - Mitra Mandal Colony,

302, Saket Vihar, Anishabad, Patna - 800002

.... .... Petitioner/s

Versus

1. Allahabad Bank through Its General Manager, Maurya Lok Complex,

Dakbunglow Road, Patna 800001

2. The Branch Manager, Allahabad Bank, Dakbanglow Road Branch, Near

Kotwali Police Station, Patna - 1

3. The Chief Manager, Allahabad Bank, Dakbanglow Road Branch, Near

Kotwali Police Station, Patna - 1

.... .... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Vivek Prasad

For the Allahabad Bank : Mr. Shambu Nath

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CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR

MANDAL

ORAL ORDER

2

21-01-2014

Heard Mr. Vivek Prasad for the petitioner and Mr.

Shambu Nath learned counsel for the Allahabad Bank.

The petitioner claims herself widow of the hirer of the

locker no. 217 (key no.205) with the Respondent Allahabad Bank,

Dakbanglow Road, Patna. Her husband who had hired the said

locker had not nominated anyone. The husband died in the year

2012 leaving behind the petitioner (the widow) and one minor son

namely Anmol Kumar who is under the guardianship of the

petitioner. The petitioner has, therefore, sought a direction upon

the Respondent Bank to permit her to operate the locker after

clearing the liability on being satisfied about the genuiness of

Patna High Court CWJC No.8986 of 2013 (2) dt.21-01-2014

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her claim/status in the light of the discretion vested in the

Respondent Branch Manager which has been spelt in clause 15 of

the condition for such hiring of the locker. For better appreciation,

this Court would extract clause 15 in extenso which reads thus:-

<15. Access shall be had to the Locker by

the Hirers and in case of joint Hirers by all of them

together or by such one or more of them as they may

in indicate by special instructions to be given in

writing by all of them from time to time and which

instructions any one of them may cancel, in which

scase access will only be allowed to all of them

together.

In the event of the death of one or more

Hirers of the Locker in joints names, the survivor to

survivor shall be at liberty, after proving such death

to the satisfaction of the Bank to inspect or remove

the contents of such Locker and in the event of the

death of sole Hirer of that of the last survivor or joint

Hirers, the Bank may at it option(and on production

of evidence which it may been necessary to call for

permit any person or persons claiming to be legal

representatives of the deceased to inspector the

contents of the Locker and on the registration of

probate or letters of Administration, Trustees,

Executors of Administrations named there in shall

have power to deal with the contents of the Locker

and be deemed to be Hirers of such Locker in place

of original Hirers. The Bank may, appropriate cases

Patna High Court CWJC No.8986 of 2013 (2) dt.21-01-2014

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and on such conditions as it may think fit, dispense

with such probate or Letters of administration.=

Counsel for the petitioner has taken a very fair stand

before this Court that the petitioner is ready and willing to file

indemnity bond and also a duly verified family tree of her

husband (the hirer of the locker) in order to lay her claim being

the heir and legal representative of her deceased husband.

Mr. Shambu Nath, learned counsel for the Respondent

Bank, on the other hand, states that uptill now the petitioner has

not approached the Respondent Branch Manager with these

document(s) including the indemnity bond, the death certificate

and other related documents. If any such request is made by the

petitioner suppor