PATESHWARI TIWARI v. ARYAVART BANK THRU. GENERAL MANAGER LKO AND 6 OTHERS
WRIC/2434/2025 · 2025-03-12
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127860 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127860 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:15910-DB Court No. - 2 Case :- WRIT - C No. - 2434 of 2025 Petitioner :- Pateshwari Tiwari Respondent :- Aryavart Bank Thru. General Manager Lko And 6 Others Counsel for Petitioner :- Rama Kant Dixit Counsel for Respondent :- Lalit Shukla,C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard learned counsel for the for the petitioner also also Sri Lalit Shukla, Advocate, who is present for the opp. party Nos. 1 to 3, and perused the record. Considering the order proposed to be passed, issuance of notice to the private opp. parties is dispensed with. By way of this writ petition, the petitioner has, inter alia, sought quashing the impugned order dated 28.02.2025 issued by the opp. party No. 2 and also the impugned notice dated 27.02.2025 and 18.02.2025 issued by the opp. party No. 3 by which he has directed to submit the stay/restraining orderfrom the competent court failing which the amount will be paid to the nominee. The petitioner claims to be legal heir of late Bhawani Prasad Tiwari, however, opp. party No. 5/his mother is the nominee, therefore, the Bank, though it has not yet released the fixed deposits in her name, she being the nominee, has asked the petitioner to get any restraint order from the court, otherwise they are bound to released the fixed deposits in favour of the opp. party No. 5, who is the nominee of late Bhawani Prasad Tiwari. We do not find any error in the order of the Bank, as this is what the law is. Of course, the fact that the opp. party No. 5 is a nominee by itself cannot divest any legal heir, who may be entitled to succeed to the estate of late Bhawani Prasad Tiwari. If the petitioner is legal heir/legal representative of late Bhawani Prasad Tiwari, then he can initiate proceedings in this regard in respect of the amount involved. With these observations, this writ petition is disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 12.3.2025/A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench