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Serial No. 01

Supplementary List

HIGH COURT OF MEGHALAYA

AT SHILLONG

Cont.Cas(C) No. 8 of 2021

Date of Decision: 13.07.2022

Smti Hunmon Rangad

Vs. Shri Surindra Kumar

Coram:

Hon’ble Mr. Justice W. Diengdoh, Judge

Appearance:

For the Petitioner/Appellant(s)

:

Ms. S. Nongsiej, Adv.

For the Respondent(s)

:

Mr. B.K. Das, Adv.

Mr. S.D. Upadhaya, Adv.

i)

Whether approved for reporting in

Yes/No

Law journals etc.:

ii)

Whether approved for publication

in press:

Yes/No

J U D G M E N T & O R D E R

1.

For an alleged violation of the order of the Judge, District Council

Court, Shillong dated 31.08.2020 and 05.07.2021 respectively passed in

Succession Misc. Case No. 177 of 2019 by the respondent herein, the

petitioner (since deceased) has approached this Court with this application

under Sections 10 and 12 of the Contempt of Courts Act, 1971.

2.

Bereft of unnecessary details, what can be understood is that the

petitioner had applied for a Succession Certificate before the Court of the

Judge, District Council Court, Shillong with regard to the debts and securities

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of her deceased son (Late) Colin Rangad which was registered as in

Succession Misc. Case No. 177 of 2019.

3.

The Court vide order dated 12.03.2020 in the said case has passed an

order for grant of Succession Certificate to the petitioner and the respondent

bank, (Bank of Baroda, Laitumkhrah Branch) in compliance thereto had

disbursed ₹ 75,000/- (Rupees seventy-five thousand) only to the petitioner out

of the account of (Late) Colin Rangad.

4.

The petitioner was then informed that her deceased son also had a fixed

deposit account being Account No. 850203311005178 in the said bank

amounting to ₹ 13,00,000/- (Rupees thirteen lakhs) only and accordingly, an

application for an extension Succession Certificate was preferred before the

Judge, District Council Court, Shillong which was allowed vide order dated

31.08.2020.

5.

It is averred that the Senior Branch Manager, Bank of Baroda,

Laitumkhrah Branch, the respondent herein has failed to comply with the

order of the Court and vide order dated 05.07.2021, the Judge, District Council

Court, Shillong taking note of the fact that the said Senior Branch Manager

has refused to comply with the order of the Court therefore, a direction was

issued as a last chance to the respondent to comply with the order, that is, to

release the said sum of ₹ 13,00,000/- (Rupees thirteen lakhs) with interest to

the petitioner failing which the petitioner is at liberty to approach the High

Court for contempt proceedings.

6.

Ms. S. Nongsiej, learned counsel for the petitioner has submitted that

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after the order dated 05.07.2021 has been passed, the respondent bank has

approached the District Council Court stating that the deceased son of the

petitioner had a nominee namely, Smti Sumita Rangad who is said to be his

wife as regard his fixed deposit account abovementioned and that the said

nominee was never informed or given notice to in connection with the

application by the petitioner for grant of extended Succession Certificate. The

Court vide order dated 25.08.2021 then directed for issue of notice upon the

said nominee by publication.

7.

It is however submitted that inspite of the continuation of the said

proceedings, the Court has not passed any order to overturn the order dated

05.07.2021 and the same therefore has the force of law required to be

complied with.

8.

Another contention of the learned counsel for the petitioner is that the

respondent bank having pursued the matter to bring the nominee on the record

of the proceedings before the Judge, District Council Court, Shillong, has

failed to acknowledge the fact that the nominee, if there is one, is only a

caretaker of the money, but not the owner of the money and