IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 10390 of 2011(W) ---------------------------------- PETITIONER(S): -------------------- UDAYAKUMAR, S/O.KRISHNAN NAIR, `VRINDAVANAM', WEST OF KAPPIL JUNCTION, THATHAMPALLY P.O., ALAPPUZHA DISTRICT. BY ADV. SMT.A.SREEKALA RESPONDENT(S): --------------------- 1. THE UCO BANK, ALAPPUZHA BRANCH, REPRESENTED BY ITS MANAGER, PIN - 688 001. 2. THE MANAGER, UCO BANK, ALAPPUZHA BRANCH - 688 001. BY ADV. SRI.GEORGE KARITHANAM VARGHESE,SC,UCO BANK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 10390/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE WILL NO.BK.III/115/2004 DATED 16/06/2004 OF ALLEPPEY S.R.O. P2: COPY OF THE DEATH CERTIFICATE OF MR. NAIR DATED 14/02/2011 P3: COPY OF THE LEGAL OPINION DATED 25/10/2007 GIVEN BY ADV. P.K.MATHEW. P4: COPY OF THE FULL PARTICULARS RELATING TO THE DECEASED, MR.KRISHNAN NAIR DATED 22/07/2010. P5: COPY OF THE DECLARATION FROM ALL THE LEGAL HEIRS OF THE DECEASED TO INDEMNIFY THE BANK DATED 11/11/2010. P6: COPY OF THE AFFIDAVIT FILED BY THE LEGAL HEIRS OF THE DECEASED DATED 11/11/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J .............................................. W.P.(C).10390/2011 .............................................. Dated this the 1st day of August, 2011 JUDGMENT Petitioner claims to be the legatee under a Will executed by Mr.Krishnan Nair, the deceased father of the petitioner. It is stated that in terms of the provisions of the Will, petitioner is entitled to be disbursed the amounts deposited by the deceased in Current account, SB account and under RD account at the Respondent Bank. Request was made to the Bank to disburse the amount, but the Bank did not release the money. It is therefore that the writ petition is filed with the following prayers:- (i). direct the respondents to permit the petitioner to withdraw the amount deposited by late Krishnan Nair in Current account No.7317, Savings Account No.1270 and RD account No.60 in their bank which he bequeathed to the petitioner as per Will No.BK.III/115/2004 dated 16.6.2004 of Alleppey SRO without probating the said Will. (ii). Direct the respondent to consider the application filed by the petitioner to withdraw the amount deposited in their bank in Current account No.7317, Savings Account No.1270 and RD account No.60 after giving him an opportunity to W.P.(C).10390/11 2 be heard within a time fixed by this Court. 2. Heard the learned Standing Counsel appearing for the Bank, who submits that the petitioner did not produce indemnity bond executed by the other legal heirs of the deceased and it is therefore, that the amount was not disbursed. 3. As already seen, the petitioner claims to be the legatee under a Will executed by the deceased, the genuineness of which has not been challenged so far, and the Bank also has no such case. Since the petitioner is actually a legatee claiming disbursement of the amount under such a Will, there is no reason for the Bank to have asked for production of indemnity bond executed by the other legal heirs. 4. Therefore, I direct that, on the production of a copy of this judgment along with the original of the Will, Bank will disburse the amount, that are liable to be disbursed to the petitioner in terms of the said Will. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs