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6. On receipt of writ of summons, the defendant nos. 1 and 2 had appeared in the matter and filed their respective written statement. As per the case made out by the defendant no. 1 in the written statement that the plaintiff does not have any cause of action against the defendant no. 1 and proceeds of the bank accounts of Shyamali Pal Chaudhuri, since deceased had been handed over to the defendant no. 2 as nominee of the said account in terms of Section 45ZA of the Banking Regulation Act, 1949 and the Master Circular on Customer Service in banks issued by the Reserve Bank of India.

18. The defendant no. 1 relied upon Section 45ZA of the Banking Regulation Act, 1945 read with Master Circular dated 1st July, 2009 and submitted that the defendant no. 1 bank had paid the money to the defendant no. 2 being the nominee of the deceased Shyamali Pal Chaudhuri upon fulfilment of all formalities and discharged its obligation towards its customer as also the nominee.

19. Clause 20.1.1 of Master Circular 1st July, 2009, reads as follows:

"20.1.1. In the case of deposit accounts where the depositor had utilized the nomination facility and made a valid nomination or where the account was opened with the survivorship clause ("either or survivor", or "anyone or survivor", or "former or survivor" or "latter or survivor"), the payment of the balance in the deposit account to the survivor(s)/nominee of a deceased deposit account holder represents a valid discharge of the bank's liability provided: