THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.No.19628 OF 2011 ORDER: Heard the learned counsel for the petitioner as well as the learned Standing Counsel for the respondent Bank. Though no counter affidavit has been filed, the learned Standing Counsel for the respondent bank has placed before me the letter addressed by the Branch Manager of the State Bank of India, Binola Branch, Nizamabad District, wherein it is stated that the landlord of the branch’s premises Sri Laxminarsa Goud, has suffered a setback in his health, as a consequence of which, he lost complete memory. He is not in a position to identify even his nearest relations and he is also not in a position to attend to his own personal needs, thus, requiring constant help and support. The said Sri Laxminarsa Goud has been maintaining savings bank account as well as a gold loan account and also a Fixed Deposit with the branch of the respondent bank. The wife and other family members of the said Laxminarsa Goud, have sought for permission to operate those accounts and also proposed to indemnify the bank in case of any claim by or on behalf of Sri laxminarsa Goud at any later point of time. Consequently, the Branch Manager has solicited instructions in the matter on 01-07-2011. The Officer has since received a reply that subject to obtaining an affidavit on a duly stamped paper from the family members of Sri Laxminarsa Goud, that they will make good any loss or claim that might arise at any later point of time, the amount lying to the credit of Sri Laxminarsa Goud may be utilized for his living and medical expenses. The gold ornaments, after a proper verification and after obtaining proper acknowledgment, may be returned to the family members of Sri Laxminarsa Goud, based upon the indemnity affidavit or bond, as the case may be. It would be legitimate for the banker to first liquidate all the outstanding liabilities from out of the proceeds available in the account of Sri Laxminarsa Goud. If the proceeds are not sufficient, then, it is also open to the banker to recover the outstanding amount from his family members. Let this exercise be accomplished within a period of 15 days from the date of receipt of a copy of this order. In cases where a customer gets completely deranged mentally and is not in a position to decide things on his own or act in his own best interest, the appropriate method would be, for any of the bank officials, who know him personally, to visit the place, where the said customer is currently living or getting treated, after recording such a fact and also after obtaining the left hand thumb impression in the presence of any independent member of the society / the doctor treating him and after obtaining an affidavit / indemnity from any or all the family members, of a such a customer the bank can allow them to operate the bank account of the suffering individual. It may also be appropriate to allow such a family member or members to open one other account with the same bank so that the proceeds lying to the credit of the suffering customer, may be transferred into that account and the newly opened account can be permitted to be operated by the other family members. With this, the writ petition stands disposed of. No costs. --------------------------------- Nooty Ramamohana Rao, J mrk 19th October 2011