Madhya Pradesh High Court
State Bank Of India vs Vivek Ranjan Nayak on 1 December, 2017
WP-10758-2017
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(STATE BANK OF INDIA Vs VIVEK RANJAN NAYAK)
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Jabalpur, Dated : 01-12-2017
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Shri Ashish Shroti, Advocate for the petitioner.
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Shri Rajesh Maindiretta, Advocate had put in appearance on
behalf of the respondents No.1 and 2 on 26.9.2017.
a hy The challenge in the present writ petition is to an order dated 3.7.2017 passed by the M.P. State Consumer Disputes Redressal ad Commission, Bhopal whereby the personal appearance of the Branch M Manager of Kamla Nehru Nagar Branch of the petitioner Bank was sought for the reason that the payment of the Fixed Deposit is not of being made as there is no interim order passed by the Civil Court.
rt Learned counsel for the petitioner points out that the ou complainant claims the amount of Fixed Deposit on the basis of the nomination whereas respondents No.2 and 3 are claiming the amount C of Fixed Deposit being the legal heirs. The legal heirs have invoked h the jurisdiction of the Succession Court, therefore, till such time the ig matter is resolved, it will not be appropriate for the petitioner to make H payment to the nominee.
Since there is a dispute pending, therefore, the personal appearance of the officer of the Bank may not be justified. But, in terms of the provisions of section 45ZA of the Banking Regulation Act, 1949, the petitioner is directed to remit the amount to the State Commission, who shall order disbursement of the amount in accordance with law.
The writ petition stands disposed of.
(HEMANT GUPTA) (VIJAY KUMAR SHUKLA)
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CHIEF JUSTICE JUDGE
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Digitally signed by HIDAYAT KHAN
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Date: 2017.12.04 14:57:12 +05'30' M of rt ou C h ig H