Dr. Vineet Kothari, J.:— The present appeal is directed against the order dated 19.03.2008 passed by the learned District Judge, Balotra, partly allowing the application under Section 372 of the Indian Succesion Act, filed by the applicant-appellant Chandanmal Lalwani, while negating the said request of succession certificate in respect of the bank locker No. 54-A, which was in the name of the Family Trust, of which his father Mishrimal Lalwani and his mother Smt. Jadav Devi, were the only trustees, and after their death, he became the sole trustee to operate the Trust locker.
2. The Bank asked for a succession certificate to allow the appellant to operate that Bank locker of the Trust and upon its refusal, the present appeal was required to be filed by the appellant.
3. Learned counsel for the appellant Mr. Rakesh Arora referring to the provisions of Section 73 of the Indian Succession Act as well as Exhibit-1-Bank Locker Agreement, submitted that as legal representative of his parents, as also Exhibit-4, order of the competent authority of the State of Maharashtra, declaring him as the sole trustee of the said Family Trust, the Bank could not have refused to operate the bank locker No. 54-A, and even in the absence of any succession certificate in his favour under Section 372 of the Indian Succession Act, he deserves to be permitted to operate the bank locker. He however, submitted that these documents though produced alongwith the application under Section 372 of the Indian Succession Act before the learned trial court, were not separately produced before the Bank, asking for such permission to operate the bank locker.
4. Learned counsel for the respondent-Bank Mr. Jagdish Vyas submits that these documents may now be permitted to be produced before the respondent-Bank and appropriate orders in this regard will be passed in accordance with law, by the competent authority of the Bank.
5. In view of this, the present appeal is disposed of, without any decision on the merits against the order dated 19.03.2008 passed by the learned trial court of the learned District Judge, Balotra, with liberty to the appellant to approach the respondent-State Bank of Bikaner & Jaipur with the aforesaid documents and other relevant documents, in his favour, and it is expected that the respondent-Bank will pass speaking and reasoned order thereon, either allowing the appellant to operate the said bank locker in question. If the Bank however, intends to refuse the request of the appellant on the ground other than the succession certificate, it will record specific reasons for such refusal. Copy of this order may be sent to the learned court below and the concerned parties forthwith.