Delhi District Court
Smt. Kiran vs United Bank Of India on 3 February, 2021
IN THE COURT OF SUSHIL KUMAR,
ADDITIONAL SENIOR CIVIL JUDGE (SHAHDARA),
KARKARDOOMA COURTS, DELHI
Civil Suit No. 834/2020
Smt. Kiran
W/o Late Sh. Lalit Mohan,
R/o B74, Milan Garden,
Mandoli Extension, Mandoli Saboli,
NorthEast, Delhi110093.
...............Plaintiff
Versus
1. United Bank of India,
Branch Nand Nagari,
(Leprosy Complex) (1161)
F8, Dilshad Colony, Delhi110095.
Through
Its Branch Manager / Authorized Representative
2. Ms. Payal Maheshwari,
W/o Sh. Kaushal Maheshwari,
D/o Late Sh. Lalit Mohan,
R/o: H. No.947, Gali Kilmath, Gol Pada,
Chhata Bazar, Mathura, Distt. Mathura,
Uttar Pradesh281001.
3. Mr. Ashish Kumar
S/o late Sh. Lalit Mohan
CS no. 834/20 Kiran Vs. United bank of India & Ors. page no. 1 of 8
4. Mr. Vikki Maheshwari
S/o late Sh. Lalit Mohan
5. Ms. Ruchi
D/o late Sh. Lalit Mohan
6. Mr. Harsh Maheshwari
S/o late Sh. Lalit Mohan
All R/o: B74, Milan Garden,
Mandoli Extension, Mandoli Saboli,
NorthEast, Delhi110093.
.............Defendants
SUIT FOR MANDATORY INJUNCTION
Date of Institution of the case : 17.10.2020
Date of pronouncement of judgment : 03.02.2021
JUDGMENT
1. The brief facts of the case of plaintiff as stated in the plaint are that the Plaintiff is the widow of Late Sh. Lalit Mohan and Defendant No.2 to 6 are the children of the Plaintiff and late Sh. Lalit Mohan. That Sh. Lalit Mohan has expired intestate on 07.06.2020 leaving behind the Plaintiff and Defendant No.2 to 6 as his legal heirs.
CS no. 834/20 Kiran Vs. United bank of India & Ors. page no. 2 of 8 That during his life time, late Sh. Lalit Mohan (Husband of Plaintiff) was maintaining his saving bank account with the Defendant No.1 i.e., United Bank of India, Nand Nagri (Leprozy Complex) Branch, Delhi, vide account no.1161010104272 and also opened a locker no.A0117A in the said bank, in which late Sh. Lalit Mohan used to keep all his property papers, jewellery, savings and other valuable document.
2. That after the death of Sh. Lalit Mohan, the Plaintiff and Defendant No.2 to 6, being his legal heirs, approached the Defendant No.1 for seeking permission to operate / open the said locker and receiving the goods / belongings of late Sh. Lalit Mohan, kept in the said locker and also for receiving the sum deposited in the saving bank account of late Sh. Lalit Mohan.
3. That initially the officials of Defendant No.1 asked the Plaintiff to fill prescribed application form for the same and also to obtain a Surviving Member Certificate from the office of District Magistrate and to fulfill certain other legal formalities which were duly complied by the Plaintiff and Defendant No.2 to 6. That the Plaintiff and Defendant No.2 to 6 jointly applied with Defendant No.1 for opening of CS no. 834/20 Kiran Vs. United bank of India & Ors. page no. 3 of 8 the aforementioned locker and taking the goods / belongings kept inside the said locker and also for receiving the sum deposited in the saving bank account of late Sh. Lalit Mohan. But, after passing the period of more than three months, the concerned official of Defendant No.1 have shown his disability to allow the Plaintiff and Defendant No.2 to 6 for opening of the said locker, for receiving the goods as well as sum deposited in the bank account of late Sh. Lalit Mohan.
4. That the bank officials have now asked the Plaintiff and Defendant No.2 to 6 to obtain Succession Certificate from Court of Competent Jurisdiction on the pretext that the same cannot be done without any such order. That there are catena of judgements wherein it has been held that a Succession Certificate cannot be issued in respect of bank locker as the articles kept therein cannot be said to be the debts and securities in terms of Section 370 of Indian Succession Act, 1925, hence the present suit has been filed by Plaintiff.
5. Summons of the suit were issued to all Defendants through electronic mode which were duly served. It is pertinent to mention that Defendant No.2 to 6 appeared in the Court in pursuance of service of CS no. 834/20 Kiran Vs. United bank of India & Ors. page no. 4 of 8 summons and filed their separate AffidavitscumNo Objection with respect to the present suit. However, Defendant No.1 did not appear. Thereafter, ShowCause Notice was also issued upon Defendant No.1 but none appeared on behalf of Defendant No.1, accordingly, Defendant No.1 was proceeded exparte vide order dated 18.11.2020.
6. In order to prove his case, plaintiff stepped into the witness box as PW1. She tendered her affidavit Ex. PW1/1 and relied upon the follwing documents as given under:
(i) Ex. PW1/A (OSR) is copy of Aadhar Card of Plaintiff.
(ii) Ex. PW1/B (OSR) is copy of Death Certificate of late Sh.
Lalit Mohan
(iii) Ex. PW1/C (OSR) is copy of Passbook of Bank Account No. 1161010104272 in United Bank of India i.e., Defendant No.1.
(iv) Ex. PW1/D (OSR) is the Surviving Member Certificate issued by Office of District Magistrate, Shahdara, Delhi.
Thereafter, Plaintiff closed her PE on 21.12.2020.
7. I have heard the arguments of ld. counsel for Plaintiff and CS no. 834/20 Kiran Vs. United bank of India & Ors. page no. 5 of 8 gone through the evidence on record.
8. The onus to establish his case rested on Plaintiff. The oral and documentary evidence led by plaintiff has gone completely unrebutted. PW1 has proved the Death Ceriticate of Late Sh. Lalit Mohan (Husband of Plaintiff) issued by EDMC as Ex. PW1/B (OSR). She has also proved the Surviving Member Certificate issued by the Office of District Magistrate, Seema Puri, Shahdara District, Delhi, as per which Plaintiff and Defendant No.2 to 6 only are the Surviving Members of the family of late Sh. Lalit Mohan i.e., Husband of Plaintiff. Further, the Plaintiff also proved Bank Passbook pertaining to account no.1161010104272 and locker no.A0117A maintained by late Sh. Lalit Mohan with Defendant No.1 i.e., United Bank of India, Nand Nagri (Leprozy Complex) Branch, Delhi.
9. Plaintiff has also proved Aadhar Card as Ex. PW1/A (OSR) which clearly shows that she is the wife of late Sh. Lalit Mohan R/o: B 74, Milan Garden, Mandoli Extension, Delhi110093. Defendants No.2 to 6 are the children of Plaintiff and her husband late Sh. Lalit Mohan. Defendant No.2 to 6 have already given their separate Affidavitscum CS no. 834/20 Kiran Vs. United bank of India & Ors. page no. 6 of 8 No Objection Certificate, wherein they have specifically averred that they have no objection if the present suit is decree in favour of Plaintiff and the locker bearing no. A0117A of late Sh. Lalit Mohan maintained with Defendant No.1 is allowed to be operated by Plaintiff and the goods lying therein are handed over to Plaintiff. They have also averred in their AffidavitscumNo Objection Certificate that they have no objection if the sum deposited in the saving bank account is handed over to Plaintiff.
10. The plaintiff has sought Mandatory Injunction against Defendant No.1 to prepare an inventory of the goods / belongings of late Sh. Lalit Mohan kept inside the aforementioned locker and to allow the Plaintiff to receive the goods / belongings kept inside the said locker. The Plaintiff has also prayed to receive the sum deposited in the aforesaid saving bank account of late Sh. Lalit Mohan.
11. Thus, in view of the aforementioned unrebutted evidence, the Plaintiff has established that she being one of the surving member of the family of late Sh. Lalit Mohan is entitled to receive the goods / belongings of late Sh. Lalit Mohan kept inside the aforesaid locker CS no. 834/20 Kiran Vs. United bank of India & Ors. page no. 7 of 8 bearing No.A0117A and to also receive the sum deposited in the saving bank account of late Sh. Lalit Mohan in the Defendant No.1 Bank. Accordingly, Defendant No.1 United Bank of United Bank of India, Nand Nagri (Leprozy Complex) Branch, Delhi is directed to open the locker No. A01174A in the said Bank and to prepare an inventory of the goods / belongings of late Sh. Lalit Mohan kept inside the aforementioned locker. Defendant No.1 is also directed to hand over the goods / belongings kept inside the said locker and the sum deposited in account no.1161010104272 maintained by Late Sh. Lalit Mohan with Defendant No.1. Hence, Suit of the Plaintiff is decreed with against Defendant No.1.
12. Decree sheet be prepared. File be consigned to record room after due compliance. Digitally signed by SUSHIL KUMAR SUSHIL Location:
Shahdara District, KUMAR Karkardooma Courts, Delhi Date: 2021.02.03 16:13:54 +0100 (Announced in the open court) (SUSHIL KUMAR) on 03rd Feb, 2021 ASCJ (SHAHDARA), KKD Delhi.
CS no. 834/20 Kiran Vs. United bank of India & Ors. page no. 8 of 8