Delhi High Court - Orders
Mahalakshmi Pavani vs Uco Bank & Anr on 2 March, 2020
Author: A. K. Chawla
Bench: A. K. Chawla
$~54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 186/2020
MAHALAKSHMI PAVANI ..... Petitioner
Through Mr. Swarnendu Chatterjee, Ms. Shiva
Vijaya Kumar, Mr. Neeleshwar
Pavani and Ms. Neha Syal,
Advocates.
versus
UCO BANK & ANR ..... Respondents
Through Mr. Sarfaraz Khan, Advocate for R-1.
Mr. Sarfaraz Ahmad, Advocate for
R-2.
CORAM:
HON'BLE MR. JUSTICE A. K. CHAWLA
ORDER
% 02.03.2020 The petitioner-a Senior Advocate by herself had to approach this Court by way of W.P.(C) 11552/2019 to seek release of the funds to the beneficiaries being the executor of the Will of deceased Senior Advocate Sh.P.P. Rao. It came to be disposed of by the ld. Single Judge on 01.11.2019 with the observations and the directions contained therein, as under:
"5. As would be evident, these objections have been raised by respondent No.1 bank vis.-à-vis. the request made by the petitioner for release of money to her which is available in the account(s) maintained by her deceased father-in-law with the respondent No.1/UCO Bank.
5.1 To be noted, the petitioner is said to be the executor of the Will dated 29.6.2017. This Will was executed by the deceased Senior Advocate, Mr. P.P. Rao. Concededly, even according to the counsel for respondent No.1/UCO bank, in Delhi, a Will is not required to be probated.
6. Therefore, objection No.1 and 3, as articulated in respondent No.1/UCO bank's letter dated 9.9.2019 will not survive.
7. The only other objection, which has been put forth by respondent No.1/UCO bank concerns the furnishing of a Survivor Members Certificate by the petitioner.
8. Counsel for the petitioner submits that the Surviving Members Certificate will be submitted within a period of two weeks from today. At this stage, counsel for respondent No.1/UCO bank says that a 'No Objection Certificate' (NOC) is also required to be furnished, in the form of an affidavit in favour of the petitioner from other legal heirs of the deceased.
9. Counsel for the petitioner submits that an affidavit to the effect of the legal heirs will be submitted along with the Surviving Members Certificate issued by the appropriate authority.
10. Therefore, the writ petition is disposed of with a direction that if the aforementioned documents are furnished, then, the money available in the account of the deceased Senior Advocate, Mr. P.P. Rao, maintained with the respondent No.1/UCO Bank will be released forthwith, to the executor (i.e. the petitioner)."
Ld. counsel for the petitioner drawing advertence to the various documents filed along with the petition submits that all the requisite documents as observed to in the order dated 01.11.2019 were duly submitted and that, now, another communication dated 28.02.2020 has come to be issued by the AGM and Branch Head of the UCO Bank seeking further documents. A copy of the said documents is sought to be placed on record. Allowed. It is taken on record.
As per the communication dated 28.02.2020, the bank is now seeking to have Surviving Certificate of all the beneficiaries under the Will, which, according to the petitioner are, none else, but her children. Suffice to say, the petitioner is stated to be the daughter-in-law of the executor of the Will and the beneficiary thereunder are her children.
During the course of hearing, ld. counsel appearing for the respondent bank on his part does not dispute the fact that the only surviving son of the deceased executor of the Will has already given the No Objection Certificate (NOC). In other words, it can be said that the genuineness of the Will is not in dispute. Ld. counsel for the respondent bank also comes forward to submit that he has now the instructions to state that the case of the petition has been processed and sanctioned to give effect to the subject Will by the AGM and Branch Head of the UCO Bank. If that be so, it should be given effect to, latest, by tomorrow.
List on 12.03.2020.
Order dasti under the signatures of Court Master.
A. K. CHAWLA, J MARCH 02, 2020 nn