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2025 DAILYLAW 69715 (KAR)

BABY ADIRA SRIRAG v. KARNATAKA STATE CO-OPERATIVE APEX BANK LTD

WP/1286/2024 · 2025-10-09

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:40066 WP No. 1286 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 1286 OF 2024 (GM-RES) BETWEEN: BABY ADIRA SRIRAG, AGED ABOUT 7 YEARS, DAUGHTER OF MR. SRIRAG JAYARAMAN, R/AT SUKRUTHAM, #1256, 3RD CROSS, BTM LAYOUT, 4TH STAGE, DEVARACHIKKANAHALLI, BENGALURU 560076. THROUGH HER LEGAL REP. AND NATURAL GUARDIAN: MR. SRIRAG JAYARAMAN. …PETITIONER (BY SRI PRADEEP NAYAK, ADVOCATE [P/H]) AND: 1. KARNATAKA STATE CO-OPERATIVE APEX BANK LTD., NO. 1061, BILEKAHALLI VILLAGE, BEGUR HOBLI, BANNERGHATTA ROAD, BENGALURU SOUTH TALUK, BENGALURU 560076. REP. BY ITS CEO, MR. C N DEVARAJ. 2. MR. M K MOHAN, AGED MAJOR, FLAT NO. 102A, LAKE VERANDAH, HOUSE OF HIRANANDANI, DLF MAIN ROAD, AKSHAYNAGAR, BANGALORE 560068. …RESPONDENTS (BY SRI SUNIL KUMAR H N, ADVOCATE FOR R-1 [P/H]; R-2 SERVED & UNREPRESENTED) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40066 WP No. 1286 of 2024 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO A) DIRECTING THE R-1 BANK TO FURNISH THE DETAILS SUBMITTED AT THE BANK AT THE TIME OF OPENING THE UNAUTHORISED BANK ACCOUNT BEARING ACCOUNT NO. 105210201942 OPERATING AT THE BANNERGHATTA BRANCH OF THE R1 BANK ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; a. Issue a writ a Mandamus directing the Respondent No.1 Bank to furnish the details submitted at the Bank at the time of opening the unauthorized Bank Account bearing Account No.105210201942 operating at the Bannerghatta Branch of the Respondent No.1 Bank. b. Issue a writ of Mandamus directing the Respondent No.1 Bank to freeze all further withdrawals from the unauthorized Bank Account bearing Account No. 105210201942 operating at the Bannerghatta Branch of the Respondent No.1 Bank. c. Pass such other orders as this Hon'ble Court may deem necessary in the interest of justice and equity. 2. The Petitioner is a minor represented by her father; the mother Ms.Mona Srirag having expired in an unfortunate incident in the year 2019. The Petitioner being informed that an account had been opened in - 3 - HC-KAR NC: 2025:KHC:40066 WP No. 1286 of 2024 Respondent No.1-Bank in the name of the Petitioner by her grandfather Respondent No.2. The Petitioner had made an application to the Respondent-Bank to furnish the details as regards the opening of the account, the document which had been submitted and the transaction which had been so done in the said account. The Respondent-Bank did not accede to the said request and it is in that background that the Petitioner is before this Court. 3. Notice having been issued, Respondent No.1 has been served and represented. Respondent No.2 though served has been unrepresented. 4. This Court by the order dated 22.07.2025 had called upon the Respondent No.1-Bank to furnish the details sought for in prayer (a) in a sealed cover, which has been today furnished. 5. The submission of learned counsel for Respondent No.1 is that though the account had been opened in - 4 - HC-KAR NC: 2025:KHC:40066 WP No. 1286 of 2024 the name of the Petitioner but was opened by Respondent No.2 as minor guardian and it is for that reason that the details of the account was not furnished to the Petitioner. 6. Having gone through the documents which have been produced along with the sealed cover, it is clear that the account had been opened in the name of the Petitioner minor represented by Respondent No.2 as the minor guardian. Thus, in effect, it is an account of the Petitioner which has been opened with the Respondent No.1 - Bank though represented by Respondent No.2 minor guardian. The representation by the minor guardian does not change the nature of the account and the account holder. The account holder would always continue to be the Petitioner in whose name the account has been opened represented by the minor guardian Respondent No.2. Such being the case, Respondent No.1 could not have denied furnishing of the details sought for by - 5 - HC-KAR NC: 2025:KHC:40066 WP No. 1286 of 2024 the account holder since the details sought for are respect to the account held by the Petitioner as the account holder. She has not sought for any details which are of anybody else or as regards an account of Respondent No.2. 7. Merely because Respondent No.2 represented the Petitioner as minor guardian would not make the account that of Respondent No.2. Whether the account was opened in an authorized manner or unauthorized manner would have to be decided in an appropriate proceeding. But the fact continues to remain that the account holder is the Petitioner, who cannot be denied access to the information of her account which has been opened in her name, whether she had authorized it or not. In that view of the matter, I pass the following: ORDER i) The Writ petition is allowed. - 6 - HC-KAR NC: 2025:KHC:40066 WP No. 1286 of 2024 ii) A mandamus is issued directing Respondent No.1-Bank to furnish the details submitted at the Bank at the time of opening the Bank Account No.105210201942 operated at Bannerghatta Branch of Respondent No.1-Bank as also the statement of account from inception till the closure of the said account within a period of seven days from the date of receipt of the copy of this order. iii) The documents which have been furnished in a sealed cover are returned back to the counsel for Respondent No.1. Learned counsel for Respondent No.1 is directed to furnish the copies of the said documents in the registry. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 54