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SMT. MAHADEVI K C v. THE STATE BANK OF INDIA
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NC: 2024:KHC:32153
WP No. 617 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 617 OF 2024 (GM-RES)
BETWEEN:
SMT. MAHADEVI K C
D/O LATE CHIKKAIAHA W/O LATE SHIVANANJAIAH
AGED ABOUT 63 YEARS
R/AT ABALAVADI VILLAGE
MADDUR TALUK, MANDYA DISTRICT
PRESENTLY R/AT, PANAKANHALLI VILLAGE KASABA HOBLI, MANDYA TALUK - 571 401. …PETITIONER
(BY SRI. PRAKASH M H., ADVOCATE)
AND:
1. THE STATE BANK OF INDIA
REP BY ITS GENERAL MANAGER
KEMPEGOWDA ROAD
BANGALORE - 09.
2. THE BRANCH MANAGER
THE STATE BANK OF INDIA
ADB BRANCH
BANDIGOWDA BADAVANE
MANDYA CITY - 571 401. …RESPONDENTS
(BY SRI. B N TULSI KUMAR, ADVOCATE FOR R1 & R2)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DTD 18.01.2018 IN
REF.LOCKER/OPER/2017/2018 ISSUED BY THE R2 VIDE ANNEXURE-E AS ILLEGAL AND CONSEQUENTLY DIRECT THE
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R2 BY PERMITTING THE PETITIONER TO OPERATE THE
SAME.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner and Shivananjaiah, during the subsistence of their marriage, held a joint locker in Respondent No. 2 - Bank. Their marriage was later dissolved by the jurisdictional Court in MC No.60/2006, via judgment dated 14.01.2011. Shivananjiah died after his marriage was dissolved. Subsequently, the petitioner approached Respondent No. 2 - Bank, seeking to have the locker released in her favor. However, Respondent No. 2 directed the petitioner to obtain a succession certificate.
2. The petitioner then filed a petition in P & SC No. 16/2020 before the jurisdictional Court, requesting the grant of a succession certificate. The jurisdictional Court, by its judgment dated 22.04.2022, dismissed the petition, stating that there is no provision under Section 370 of the Indian Succession Act for granting a succession certificate to operate a locker, as a locker cannot be classified as a debt. Following this, the petitioner once again approached Respondent No. 2 to operate the locker. In response, Respondent No. 2 - Bank issued the impugned endorsement, rejecting the petitioner's request and instructing her
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to involve the other legal heirs of the deceased, Shivananjaiah. Consequently, this petition has been filed.
3. Heard learned counsel for the parties.
4. It is admitted that the petitioner and Shivananjaiah opened the joint locker with Respondent No. 2 - Bank during their marriage. After the dissolution of their marriage, Shivananjaiah passed away on 09.01.2017. Although Shivananjaiah did not nominate any person to the joint locker, the petitioner does not have the right to operate the locker without the consent of the legal heirs of the deceased Shivananjaiah. Therefore, the following order is made:
ORDER
i) The petition is disposed of.
ii) The petitioner at her own cost is permitted to publish a notice in a Kannada daily newspaper with wide circulation in Mandya District, on behalf of Respondent No. 2 - Bank, inviting objections from the legal heirs of the deceased Shivananjaiah within 10 days regarding the petitioner's request to operate the joint locker maintained by Respondent No. 2 - Bank. If Respondent No. 2 - Bank does not receive any objections within the stipulated time, Respondent No. 2 - Bank is directed to permit the petitioner to operate the joint locker.
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iii) Before allowing the petitioner to take possession of the contents of the locker, Respondent No. 2 - Bank is authorized to take an inventory of the articles stored within the joint locker. The Bank shall then release the items to the petitioner, provided she furnishes an indemnity bond for an amount equivalent to the value of the contents.
iv) It is further noted that the petitioner is responsible for paying the applicable charges for Locker No. 28 (small) at the SBI ADB Mandya Branch.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
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