IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 17687 of 2011(I) ------------------------------------- PETITIONER: ------------------- RAGHAVAN.C, “KAMAL”, NEAR PUTHUR JB SCHOOL, NUT STREET, VATAKARA - 673 104. BY ADV. SRI.C.BHASKARAN. RESPONDENT: ---------------------- THE MANAGER, STATE BANK OF TRAVANCORE, VATAKARA, KOZHIKODE – 673 101. BY ADVS. SRI.T.SETHUMADHAVAN, SRI.PUSHPARAJAN KODOTH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17687/2011-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE MEDICAL REPORT OF THE PETITIONER. EXT.P.2: COPY OF THE CERTIFICATE DTD. 23/04/2007 FOR THE DEPOSIT IN THE JOINT NAME OF PETITIONER AND HIS WIFE. EXT.P.3: COPY OF THE CERTIFICATE ISSUED FROM THE RESPONDENT FOR THE DEPOSIT OF RS.1,42,781/- AS ACCOUNT NO.67089219375 IN THE NAME OF THE PETITIONER. EXT.P.4: COPY OF THE CERTIFICATE ISSUED FROM THE RESPONDENT FOR THE DEPOSIT OF RS.15,000/- AS ACCOUNT NO.67098099496 IN THE NAME OF THE PETITIONER. EXT.P.5: COPY OF THE COMMUNICATION DTD. 01/06/2010 SENT TO THE BANK BY THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 17687 OF 2011 ----------------------------------------------------- Dated this the 12th day of July, 2011 J U D G M E N T According to the petitioner, he has three fixed deposits in the respondent, Bank. It is stated that he lost the original fixed deposit receipts and despite the requests made to the Bank to release the amounts under fixed deposit on attaining its maturity, the Bank refused the petitioner's claim. It is thereupon this case is filed for getting the deposit amounts released. Instructions have been obtained by the counsel appearing for the respondent. It is stated that the fixed deposits evidenced by Ext.P2, is a joint fixed deposit made by the petitioner and his wife. In so far Exts.P3 and P4 are concerned it is stated that those deposits are in the individual name of the petitioner and that if the petitioner furnishes an indemnity bond, accepting the same the Bank is willing to release amounts due as per Exts.P3 and P4 fixed deposits. Counsel for the respondent submitted that in view of the fact that the fixed deposit receipts are lost, if the petitioner is W.P.(C) No. 17687 OF 2011 -:2:- willing to comply with the requirement of the Bank to furnish an indemnity bond, the fixed deposits in his individual name under Exts.P3 and P4 can be released to the petitioner. This suggestion is acceptable to the petitioner and therefore, the case is disposed of with the following directions. The Bank shall disburse the amount due to the petitioner under Exts.P3 and P4 on the petitioner furnishing the indemnity bond as required by the Bank. This shall be done immediately. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge