DIVYA VASANT DESAI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) RULE. learned counsel for the respondent waives notice of Rule.

(2.) WITH the consent of learned advocates appearing for both the sides, the matter is finally heard.

(3.) THE short facts of the case appears to be that late Shri Vasant J. Desai had opened a PPF A/c on 05. 03. 1989 with the respondent Bank and at the relevant point of time, Mrs. Kiranben, who was the wife of late Shri Vasant J. Desai was shown as the nominee. On 30. 06. 1989, on account of the death of Mrs. Kiranben, her name was deleted as the nominee. It further appears that simultaneously, on 30. 06. 1989, the name of three persons were included as the nominee, viz. Vanilaben Jayantilal Desai, Anjana Chandrakant Majmudar and Roshni Mohanprasad Majmudar. It appears that thereafter, late Shri Vasant J. Desai, on 13. 09. 1991, got married with Mrs. Divyaben and on the same day, her nomination is shown as entered in the passbook of PPF account. Shri Vasant J. Desai expired on 22. 04. 2008. The petitioner whose name appeared as the nominee in the PPF account, applied to the respondent Bank for release of the amount to her as the nominee. However, the respondent Bank declined the same. It is under these circumstances, the petitioner has approached to this Court by preferring the present petition.