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2025 DAILYLAW 77251 (ALL)

SUNIL RAI v. UNION OF INDIA AND 4 OTHERS

WRIC/23469/2025 · 2025-07-21

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119424-DB Court No. - 21 Case :- WRIT - C No. - 23469 of 2025 Petitioner :- Sunil Rai Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Saurabh Kumar Pandey Counsel for Respondent :- A.S.G.I.,Ashish Agrawal Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Sri Saurabh Kumar Pandey, learned counsel for the petitioner and Sri Om Prakash Gupta, learned counsel for respondent no. 1. 2. The petitioner claims succession to the estate of his deceased mother. He is questioning the Will executed by his late mother in favour of his sister i.e. respondent no. 4. Learned counsel for the petitioner admits that the respondent no. 4 was a nominee in the account of his mother. He submits that a succession case is pending between the parties. 3. The grievance of the petitioner is that the Bank is intending to release the amount in the bank account on the basis of nomination without obtaining any undertaking from the respondent no. 4 that the amount withdrawn by her would be held in trust to the extent of the share of petitioner in case ultimately Will is held to be invalid. 4. It is urged that the representation filed by the petitioner in this behalf before the Bank be directed to be examined. 5. Learned counsel for respondent- Bank very fairly states that the representation would be examined in accordance with law. 6. Accordingly, without expressing any opinion on merits, the petition is disposed of with direction to the respondent - Bank to consider the representation of the petitioner strictly in accordance with law after due notice and opportunity to all concerned. . (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 22.7.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad