IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 WP(C).No. 36500 of 2008(T) -------------------------- PETITIONER(S): --------------- BHAVANI C.G., D/O. KAMALAKSHI AMMA, AGED 61 YEARS, CHOPPILLIL HOUSE, CHERANELLOOR P.O., KOCHI 682 034. BY ADV. SRI.C.S.AJITH PRAKASH SRI.T.D.SALIM SRI.PAUL C THOMAS RESPONDENT(S): --------------- 1. THE MANAGER, CORPORATION BANK, RAGHAVAN, PILLAIMEMORIAL BUILDING, PUDUKKALAVATTOM ROAD, ELAMAKKARA, KOCHI 682 026. 2. THE RESERVE BANK OF INDIA, REPRESENTED BY THE GOVERNOR, MUMBAI. ADV. SRI.S.K.BALACHANDRAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.36500 OF 2008 ------------------------ Dated this the 18th day of February, 2009. JUDGMENT Petitioner claims to be the sister of late C.G. Reghunath. The deceased had accounts with the first respondent bank. Petitioner submits that in respect of all accounts and the locker which the deceased held in the bank she was the nominee. It is stated that on the expiry of her brother the petitioner applied for releasing the amounts available in the accounts and also to permit her to open the locker. The complaint is that there was no response from the bank. It was there upon that the writ petition was filed praying for a direction to the first respondent Bank to transfer the amounts available in the accounts held by the deceased in to the name of the petitioner and to allow him to open and continue to operate the locker. The first respondent has filed a counter affidavit. In WP(c).No.36500/08 2 the counter affidavit, the account numbers and the name of the nominee along with locker number, has been given, which reads as under. Sl.No. Account No.& Date Amount Rs. Nominee --------------------------------------------------------- 1. FD/60/60098/15-9-2006 20,000/- C.G.Bhavani 2. KCC/01/60345/26-10-2006 45,684/- -do- 3. KCC/60/60105/15-9-2006 10,00,000/- Girija Menon 4. SB 9280/24-10-2001 1,35,389/- Nil (as on 31.1.2009 5. Locker NO.SMLI/1/82 ...... C.G.Bhavani --------------------------------------------------------- From the above, it can be seen that in accounts at serial Nos. 1 and 2, petitioner is the nominee. Similarly in respect of locker also the petitioner is the nominee. n view of this, it is incumbent upon the bank to act upon the nomination given to them. Therefore, the writ petition is disposed of directing that the Bank shall transfer account Nos. 1 and 2 and the locker into the name of the petitioner. This shall be done as expeditiously as possible and at any rate within 6 weeks from the date of production of a copy of the judgment. (ANTONY DOMINIC) vi JUDGE WP(c).No.36500/08 3 WP(c).No.36500/08 4