IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 19487 of 2009(E) ---------------------------------------- PETITIONER(S): ------------------------- SAFIYA.N.P., W/O.ABDUL KAREEM, AGED 54 YEARS, KONGANAM VEETTIL, MARUTHAYOOR (P.O.), PAVARATTY, THRISSUR DISTRICT. BY ADV. MR.P.RAMACHANDRAN RESPONDENT(S): --------------------------- THE BRANCH MANAGER, CANARA BANK, PAVARATTY, THRISSUR DISTRICT. BY ADV. MR.P.GOPINATH MENON, SC, CANARA BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI, J ------------------- W.P.(C).19487/2009 -------------------- Dated this the 22nd day of July, 2009 JUDGMENT Petitioner is a nominee of her husband, who had invested considerable amounts by way of Fixed Deposits in the Canara Bank. Due to unfortunate circumstances, petitioner's husband has been bedridden since the year 2002 with a serious disease. On an earlier occasion, when the deposits had matured, the Bank had renewed the same applying the then applicable rate of interest. Petitioner submits that she is in dire need of funds and therefore, it would be necessary for redeeming such deposits. Bank has insisted for a signature of the petitioner's husband as deposit holder. This seems to be impossible going by Ext.P1, discharge memo, and other certificates produced by the petitioner, Exts.P2 and P3. 2. Mr.Gopinatha Menon learned Standing Counsel for the Bank, on instructions, submits that the present case is an extraordinary case, though redemption of the deposits will normally require a written application by the deposit holder. W.P.(C).19487/09 2 3. This is an extraordinary case and going by Exts.P1 to P3, the deposit holder is not in a position to even subscribe a signature. There is no dispute that the petitioner is a nominee. Bank shall therefore, permit the petitioner to redeem such deposits as are necessary on the petitioner furnishing a bond containing an undertaking to indemnify the Bank for any loss that it may be burdened in future, by reason of the petitioner being permitted to redeem the deposits. Such deposits as are required shall be so permitted to be redeemed on such bond being executed by the petitioner. Writ petition is disposed of as above. V.GIRI, Judge mrcs