Soma Mallick v. Chief Manager Of State Bank Of India And ORS.

D/L. 7.

August 1, 2023.

MNS.

WPA No. 15028 of 2023 Soma Mallick Vs.

Chief Manager of State Bank of India and others Ms. Kakali Chakraborty Mr. Sanjay Chakraborty ... for the petitioner.

Mr. Arijit Dey, Mr. D. R. Mukherjee ...for the respondent no. 2.

Affidavit-of-service filed in Court today be kept on record.

The writ petitioner claims that she is the wife of a deceased account-holder with the respondent-Bank. The present challenge has been preferred against freezing/blocking of the account of the petitioner.

It transpires that the annexures to the writ petition pertain primarily to the repudiation of a death claim made by the SBI Life Insurance Co. Ltd., nothing in which regard has been sought in the relief portion of the writ petition.

In view of no prayers having been made against the SBI Life Insurance Co. Ltd., no such

relief can be granted within the scope of the present writ petition.

In so far as the alleged blocking of the account is concerned, the relevant correspondence between the petitioner and the Bank in that regard does not find place in the annexures. Although the petitioner has annexed certain documents to indicate that a bank account stands with the respondent-Bank, there is nothing on record to show that the same has been blocked or any complaint filed in that regard. It appears that the present writ petition mixes up causes of action against the SBI Life Insurance Co. Ltd. and the State Bank of India itself.

Accordingly, WPA No. 15028 of 2023 is disposed of with liberty to the petitioner to file a properly constituted fresh writ petition, annexing all relevant documents, both in respect of the alleged blocking of the bank account with the State Bank of India as well as seeking relief with regard to the repudiation of the claim of the petitioner made by the SBI Life Insurance Co. Ltd.

The merits of the case made by the parties have not been gone into by this Court.

It is made clear that the petitioner will also be at liberty to correspond afresh with the respondent-Bank and come up with a properly constituted challenge against further cause of action, if any, in that regard.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)