THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.106 of 2006 (Dated : 16-8-2010) Between: Manepalli Surya Subrahmanyam …Petitioner A n d State Bank of India rep. By its Branch Manager, Tallarevu Branch, East Godavari District …Respondent THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.106 of 2006 ORDER: This writ petition has been filed by Manepalli Surya Subrahmanyam seeking a mandamus declaring the action of the respondent in not paying the amount due under Fixed Deposits, as arbitrary, illegal and violative of Section 45 ZA of Banking Regulation Act, 1989. 2. The petitioner claims to be the foster son of Ryali Venkata Ramanamma Wife of late Veerraju. The said Ramanamma during her life-time deposited some amount by way of Fixed Deposit with the respondent-Bank. The petitioner has been shown as nominee under the said deposits. She also executed a Will dated 15.5.2004 bequeathing her properties in favour of the petitioner. The said Ramanamma died on 18.5.2004. The petitioner herein being nominee of the Fixed Deposit amounts submitted an application claiming the amounts due under the said Deposits. Since the respondent failed to pay the amounts due under the Fixed Deposits made by Ramanamma, the petitioner invoked the jurisdiction of this Court under Article 226 of the Constitution of India. 3. Rule nisi came to be issued on 04.01.2006. The respondent entered appearance and filed counter. 4. It is stated in the counter affidavit that Smt.Venkata Ramanamma deposited an amount of Rs.40,000/-, Rs.49,000/- and Rs.46,000/- on various dates and she has mentioned the name of Manapalli Srya Subrahmanyam as the nominee for the said deposits. For better appreciation, I may refer para 3 of the counter affidavit, which reads as hereunder:- “ I submit that Smt. Venkata Ramanamma made the following fixed deposits with the Respondent Bank. a. TD/A/42 042658 Rs.40,000/- b. TD/A/42 366067 Rs.49,000/- c. TD/A/42 366051 Rs.46,000/- Smt. Venkata Ramanamma while making the said deposits with the Respondent Bank nominated Sri Manepalli Surya Subrahmanyam as nominee for the said deposits. The said deposits are still with the Respondent Bank and the new account numbers are assigned to the said three fixed deposits after computerization in the Respondent Bank. Old FDR Account Numbers New Account Nos. a.TD/A/42 042658 11502465308 b.TD/A/42 366067 11502455390 C.TD/A/42 366051 11502465295 The said fixed deposits are renewed from time to time with auto renewal facility earning interest as applicable from time to time”. 5. Heard learned counsel appearing for the parties. 6. Indisputably, Smt. Venkata Ramanamma nominated the writ petitioner as the nominee under the deposits made by her with the respondent-Bank. The respondent is under an obligation to pay the money to the nominee in the event of the death of the depositor. The petitioner appears to have submitted Death Certificate of Venkata Ramanamma. When once the petitioner’s name has been shown as nominee in respect of the deposits made by Smt. Venkata Ramanamma, the respondent is bound to honour the nomination and pay the amounts due under Fixed Deposits. 7. Accordingly, the Writ Petition is allowed directing the respondent-Bank to pay the amounts due under FDR Account Numbers (new) TD/A/42 042658, TD/A/42 366067 and TD/A/42 366051. There shall be no order as to costs. _____________________ B.SESHASAYANA REDDY, J Dt.16-08-2010 Note:- Issue CC in one week (B/o) RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.106 of 2006 (Dated : 16-8-2010)