APHC010470782012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No:10343 OF 2012 Between: Devarapalli Yanadi (died) And four others. …Petitioners AND The Zonal Manager, Indian Bank, Vijayawada And four others. …Respondents Counsel for the Petitioners: Sri B.Surya Chandra appearing for Sri N.Ravi Prasad Counsel for the Respondents: Sri Nimmagadda Satyanarayana For respondents 1 and 2 The Court made the following order: 1. The 1st petitioner was in service of respondents 1 and 2-bank. The 1st petitioner passed away during the pendency of the writ petition. As such, petitioners 2 to 5 were brought on record as the legal heirs of the deceased-1st petitioner. The 1st petitioner stood as guarantor for the loan obtained by the 5th respondent. The 1st petitioner voluntarily retired from service on account of ill health. The 2nd respondent bank has accepted the voluntary resignation of -2- W.P. No.10343 of 2012 the 1st petitioner. The 1st petitioner has deposited an amount of Rs.5,00,000/- in a fixed deposit in the 2nd respondent bank. Respondents 1 and 2 denied access to the 1st petitioner during his lifetime to withdraw the said deposit on the ground that the 5th respondent defaulted in payment of the loan obtained by him and that the 5th respondent was due an amount of Rs.3,17,825/-. In this regard, the 1st petitioner issued a legal notice on 19.01.2012 to the respondents. 2. Sri B.Surya Chandra, learned counsel representing Sri N.Ravi Prasad, the learned counsel for the petitioner submits that the 5th respondent issued a reply on 28.03.2012. The learned counsel placed on record a copy of the letter, dt.13.02.2012, of the Branch Manager, Indian Bank, Chittoor District, showing the monthly recovery statement for the month of February 2012 and submitted that the amounts were being recovered from the salary of the 5th respondent as on 13.02.2012. It is submitted by the learned counsel for the petitioner that the 1st petitioner has passed away and his legal heirs are also denied access to withdraw the deposit of the 1st petitioner. It is also submitted that the 5th respondent was an employee of the Indian Bank and any amount due payable to the bank would be easily recoverable from the salary or service benefits payable to the 5th respondent. -3- W.P. No.10343 of 2012 3. Notice served to the 5th respondent. There is no representation for the 5th respondent. 4. This court, vide order dated 12.04.2012, granted an order of status quo. 5. Considering the submissions of the learned counsel for the petitioner and also taking into account the demise of the 1st petitioner, there is no justification for respondents 1 and 2 for withholding the fixed deposit amount of the 1st petitioner without releasing the amount together with interest to the nominee as mentioned in the fixed deposit. Hence, this Court deems it appropriate to direct respondents 1 and 2 to release the fixed deposit amount together with the interest accrued over it to the nominee of the deceased employee or to the 2nd petitioner herein, within a period of four weeks from the date of receipt of this order. 6. Accordingly, the writ petition is allowed. No costs. 7. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ____________________ JUSTICE HARINATH. N BV