HIGH COURT OF TRIPURA AGARTALA WP(C) NO.90 OF 2025 Smti. Gita Rani Das Dhanuk and anr. Vs. State Bank of India and ors. HON’BLE MR. JUSTICE T. AMARNATH GOUD Present: For the Petitioner(s) : Mr. Bhaskar Debbarma, Advocate. For the Respondent(s) : Ms. A. Chakraborty, Advocate. 20.02.2025 Order Heard Mr. Bhaskar Debbarma, learned counsel appearing for the petitioners as well as Ms. A. Chakraborty, learned counsel appearing for the respondents. 2. The brief fact of this case is that according to the petitioner No.1, herein, she is the legally wedded 2nd wife of the deceased and when she approached the respondent-Bank seeking to operate the account and withdraw the amount along with her son i.e., petitioner No.2 herein, the Bank official informed her that the account is frozen and this was under the instruction of the higher authorities of the Bank. Thereafter, the petitioners made a request which was not considered and then they issued a legal notice upon the respondent-Bank on 20.12.2024 and the same is pending unattended. Hence the petitioners filed this present writ petition seeking the following reliefs:- “(a) Issue an appropriate writ, order, or direction directing the Respondent No. 2 and 3, to immediately unfreeze the petitioners' accounts and restore their access to their lawful funds. ` (b) Declare the freezing of the Petitioners' accounts as illegal and arbitrary, being in violation of natural justice and fundamental rights. (c) Grant any other relief(s) as this Hon'ble Court deems fit and proper in the interest of justice.” 3. Heard and perused the evidence on record. 4. In view of the above mentioned circumstance, without expressing any opinion on merits, this present writ petition is disposed of directing the respondent-Bank to take a decision on the legal notice dated 20.12.2024 submitted by the petitioner No.1 within a period of 3(three) months from the date of receipt of the copy of this order and communicate the same to the petitioner, with regard to her legal entitlement for withdrawal of the account. In case, if there are any objections, and if she has to prove that the petitioners are the successors of the account, they shall place relevant order obtained from the competent Court of law or the competent authority and the same be placed before the concerned authorities, for taking a decision. It is also not known that whether there are any other claimants or 1st wife of the deceased and their children. All factors shall be considered by the respondent-Bank and the decision shall be taken and communicated to the petitioners herein. 5. With the above observation, this present writ petition stands disposed. As a sequel, stay if any stands vacated. Pending application(s), if any also stands closed. JUDGE suhanjit RAJKUMAR SUHANJIT SINGHA Digitally signed by RAJKUMAR SUHANJIT SINGHA Date: 2025.02.20 12:01:25 +05'30'