SMT. ASHIMA AWASTHI (DWIVEDI) v. UNION OF INDIA AND 2 OTHERS
WRIC/26704/2025 · 2025-09-14
Arun Kumar, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 82731 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 82731 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 26704 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J.
HON'BLE ARUN KUMAR, J.
1. The present writ petition has been filed praying for a writ of mandamus commanding the respondent - Bank to release the amount in favour of the petitioner in respect of saving account held by her deceased sister, Pratima Awasthi. The case of the petitioner is that she died on 14.12.2024 and the petitioner being nominee in the saving account held by her, is entitled to release of the amount therein.
2. Sri Sanjai Singh, learned counsel appearing for the respondent - Bank, states that there is discrepancy in the death certificate submitted by the petitioner. The account is in name of Pratima Tiwari whereas death certificate is in name of Pratima Awasthi. He further states that one Sudhir Kumar Tiwari claiming himself to be husband of Pratima Awasthi has objected to the release of the money in favour of petitioner. He has requested for freezing of all the accounts.
3. Sri Sanjai Singh, Counsel for the respondent admits that till date the Bank has not communicated to the petitioner any decision in respect of the application made by her for release of the money standing in the account of her deceased sister.
4. Therefore, we dispose of the instant writ petition with direction to respondent - Bank to communicate its decision in writing to the petitioner within four weeks from the date of communication of the instant order. It shall thereafter be open to the petitioner to avail such remedy, as may be advised.
September 15, 2025 gp Versus Counsel for Petitioner(s) : Madhu Sudan Dwivedi, Shrawan Dwivedi Counsel for Respondent(s) : A.S.G.I., Sanjai Singh (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Smt. Ashima Awasthi (Dwivedi) .....Petitioner(s) Union Of India And 2 Others .....Respondent(s) Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad