IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 WP(C).No. 3649 of 2008(H) ------------------------- PETITIONER: -------------- P.K.RAGHAVAN, SOMINI MANDIRAM, PADINJATTINKARA, KOTTARAKKARA P.O., KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENTS: ----------------- 1. THE BANKING OMBUDSMAN, (KERALA AND THE UNION TERRITORY OF LAKSHADWEEP), RESERVE BANK OF INDIA, THIRUVANANTHAPURAM- 695 033. 2. THE BRANCH MANAGER, PUNJAB NATIONAL BANK, KOTTARAKKARA BRANCH, MARKET JUNCTION, KOTTARAKKARA P.O., KOLLAM DISTRICT. 3. SRI.K.ASHOKAN, ASHOKA MANDIRAM, MANNADY, KOTTARAKKARA NOW RESIDING AT `MAHIMA', ASRAMAM P.O., KOLLAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 3649 OF 2008 H ===================== Dated this the 31st day of January, 2008 J U D G M E N T Ext.P4 issued by the 1st respondent is under challenge. By Ext.P4, Ext.P3 complaint made by the petitioner has been closed. As can be seen from Ext.P4 itself, the complaint is in relation to the operation of SB Account No.716 maintained by the petitioner and one Sri.K.Asokan in the 2nd respondent Bank. The mode of operation of the account was joint and the Bank declined to honor instrument signed by one of the account holders. It is this that lead to the complaint before the Ombudsman. 2. Ombudsman has rightly stated that since the mode of operation of the account is joint, the Bank is justified in declining to clear instruments by one of the account holders. I do not find any irregularity or vitiating circumstances warranting interference with Ext.P4. WPC 3649/08 :2 : 3. It is true that the petitioner has a complaint that he has not been heard before Ext.P4 was passed. But, having regard to the admitted factual position as stated above, I do not think that by reason of not hearing the petitioner, any prejudice has been caused. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE. Rp