Bhagarathi Devi v. The Managing Director, State Bank Of India,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1358 of 2021 ====================================================== Bhagarathi Devi, Wife of Late Dharmnath Thakur, resident of VillagePanchviriya, Police Station-Garkha, District-Saran. ... ... Petitioner/s

Versus

1.

The Managing Director, State Bank of India, State Bank of India Bhawan, M.C. Road Nariman Point Mumbai, Maharashtra.

2.

The State Bank of India, South Gandhi Maidan, Patna through Manager. 3.

The Branch Manager, State Bank of India, Patna Secretariat Branch, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Ban Bihari Singh, Advocate For the Respondent/s :

Mr. Sanjiv Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 16-11-2021 Heard learned counsel for the parties.

The petitioner has prayed for the following relief/s :- "for issuance of writ/writs, direction/directions, order/orders for transfer of Rs.12,03,163/- with interest from Saving Account of Late Dharmnath Thakur bearing Saving Account no.10839377594. The State Bank of India Secretariat Branch to Saving Account of Bhagarathi Devi bearing Saving Account No.38290955445 in same branch and for grant of any other relief/reliefs for

Patna High Court CWJC No.1358 of 2021 dt.16-11-2021 2/3 which the petitioner shall entitle for in the facts and circumstances of the case of the petitioner." The petitioner claims to be widow of the deceased government employee, who had a saving bank account in State Bank of India, Secretariat Branch, in which a deposit of Rs.12,03,163/- is lying and she had applied to the said bank for transfer of the said amount into her account in the same bank. It is submitted on behalf of the learned counsel for the petitioner that the bank had required surety to be given by the two account holders who have Rupees Nine Lacs and more in their account for which petitioner is not capable to give such surety.

However, a counter affidavit has been filed by the bank in which vide Annexure-R1/1, a circular dated 02.11.2017 has been placed on record, Clause-B whereof requires that if the amount claimed is more than Rupees Five Lacs then the claimant will have to submit the documents as detailed therein. Learned counsel for the petitioner agrees to the same and undertakes to submit the required documents as contained in Clause B of the said circular to the bank within one month and thereafter the bank shall release the amount in favour of the petitioner who is widow of the deceased account holder within fifteen days.

Patna High Court CWJC No.1358 of 2021 dt.16-11-2021 3/3 Statement is accepted and taken on record.

With the aforesaid observation, the writ application stands disposed of.

Interlocutory Application, if any, stands disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 22.11.2021 Transmission Date