IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 29128 of 2008(P) ----------------------------------------- PETITIONER: --------------------- B.ARAVINDAKSHAN, AGED 72 YEARS, S/O.DAMODARAN, PRESENTLY RESIDING AT THODIYIL AMBADI,KOTTAPPURAM VILLAGE,SOUTH PARAVOOR P.O.,KOLLAM DISTRICT FROM T.C.42/1470 MONYVILA, SREEVARAHAM,MANAKKADU P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR SRI.JAMES ABRAHAM (VILAYAKATTU) RESPONDENTS: ------------------------- 1. THE SECRETARY, THE PARAVOOR SNV REGIONAL CO-OPERATIVE BANK LTD. NO.1685, P.B.NO.15, PARAVOOR P.O., KOLLAM DISTRICT. 2. THE JOINT REGISTRAR (GENERAL) FOR CO-OPERATIVE SOCIETIES, OFFICE OF THE J.R., CIVIL STATION, KOLLAM. ADV. SRI.B.SURESH KUMAR, SC FOR R1 GOVERNMENT PLEADER SRI. K.C. SANTHOSHKUMAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.29128 of 2009-P ================================== Dated this the 6th day of October, 2008. JUDGMENT The petitioner has made certain fixed deposit with the first respondent co-operative bank. It is either or survivor account with the petitioner as the first named. Therefore, there can be no legal justification for the bank to stop payment of the amounts to the petitioner since he is the first among the depositors and any person, who has joined the account as an E/S, cannot stop such payment. If the petitioner has irretrievably lost the FD receipts, he has to execute necessary indemnity bonds in favour of the first respondent for release of the fixed deposits. It is also directed that the first respondent will have no liability on account of any unearthing of the lost fixed deposit receipts. Even if the originals are produced by the son of the petitioner, that will be of no legal WPC29128/08 -:2:- consequence as against the first respondent. For the foregoing reasons, this writ petition is ordered directing that, if the petitioner produces appropriate indemnity bonds as required by the first respondent, the amounts covered by the fixed deposit receipts in question will be released to the petitioner, as and when each of the fixed deposit receipt matures. Thottathil B.Radhakrishnan, Judge. sl.