IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 209 of 2010. [O&M] Date of Decision: 12th August 2010. Suresh Pal Petitioner through Mr. J.S.Cooner, Advocate Versus State Bank of Patiala Respondent through None. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT, J. [ORAL] The petitioner seeks a Mandamus to direct the respondent Bank allow him to encash/get released the FDRs lying in the name of Smt. Naurati Devi. According to the petitioner, Smt. Naurati Devi was real sister of his father and she was an issue-less widow. Smt. Naurati Devi is said to have executed a Will dated 9.6.2000 in favour of the petitioner during her lifetime. She unfortunately passed away on 13.2.2006. The petitioner applied for the issuance of 'Succession Certificate' in his favour which has since been granted to him by the learned Civil Judge [Senior Division], Yamuna Nagar, at Jagadhri, vide order dated 25.4.2008 [Annexure P-1]. The Succession Certificate specifically includes the FDRs lying with the respondent Bank. It is averred that despite the production of the Succession Certificate, the amount lying in the FDRs is not being released by the respondent Bank in his favour. Notice of motion was issued and as per the office report, the Bank has been duly served but no one appeared on its behalf on 9.7.2010 or on 19.07.2010. Even today, no one has caused appearance on behalf of the respondent Bank. The petitioner has also brought on record a copy of the Civil Court order dated 18.8.2009 whereby the civil suit filed by Dhani Ram and others against Roshan Pal, Kumari Sonia and Smt. Roshni Devi as well as the respondent Bank for declaration that they along with defendants No. 1 to 3 were legal heirs of Smt. Naurati Devi has also been dismissed. It is stated that no other lis pertaining to the estate of Smt. Naurati Devi, is pending. In view of the uncontroverted and categoric stand taken on behalf of the petitioner and in the light of the Succession Certificate on record, the writ petition is allowed and the respondent Bank is directed to release the amount lying in the name of Smt. Naurati Devi in the shape of FDRs, subject to the petitioner furnishing an Indemnity Bond to the satisfaction of the respondent Bank. The needful shall be done within a period of one month. Disposed of. Dasti. August 12, 2010. ( SURYA KANT ) dinesh JUDGE