SUBHASH CHAUDHURI Vs. INDIAN ASSOCIATION FOR THE CULTIVATION OF SCIENCE
LAWS(CAL)-2010-9-70
HIGH COURT OF CALCUTTA
Decided on September 06,2010

SUBHASH CHAUDHURI Appellant
VERSUS
INDIAN ASSOCIATION FOR THE CULTIVATION OF SCIENCE Respondents

JUDGEMENT

Syamal Kanti Chakrabarti, J. - (1.) The writ petitioner claims that Dr. Subhadra Chaudhuri, his sister, was an employee of Indian Association for the Cultivation of Science and died on May 10, 2007 while in service at the age of 56 years. In course of her employment she availed of a Housing Loan under Old Account No. 01593023168 subsequently renumbered as New Housing Loan Account No. 11080193234 from the State Bank of India, Jadavpur University Branch. She deposited her Title Deeds by way of mortgage in respect of her old residential house and certain gold ornaments by way of collateral security and executed one irrevocable letter of authority dated 21.4.2003 in favour of respondent no. 1/Association empowering them to liquidate the loan amount by making payment out of any amount payable to her including terminal benefits like Provident Fund and Gratuity in case of her death/retirement/resignation or discontinuing the service.
(2.) After her death on 10.5.2007 the petitioner being full blooded brother of the deceased employee intended to pay the dues of his deceased sister in respect of above house building loan and wrote a letter to this effect on 14.2.2008. In response in letter no. 49/480 dated 23.02.2008 the respondent no. 4 supplied the detailed statement of accounts of deceased employee from which it will appear that the outstanding dues as on 17.5.2007 was Rs.6,59,397.74 paise and on 16/2/2008 an amount of Rs.7,02,074.74 paise. Then the petitioner through his advocates letter dated 3.4.2008 requested the respondent no. 1/Association to liquidate the said house building loan of his deceased sister at the earliest under intimation to him and for releasing the Title Deeds and other valuables mortgaged by his sister with the respondent/bank. But the respondent/Association insisted for establishing his claim as a legal heir of the deceased in their letter dated 12.5.2008. Moreover, in his advocates letter dated 22.5.2008 he also requested them to disclose the total amount of actual death benefits payable to her sister, the deceased employee, so that he may file a petition for grant of succession certificate and take steps for liquidating the loan amount as per letter of authority dated 21.4.2003 of the deceased.
(3.) Thereafter, on 14.8.2008 the petitioner received a letter from respondent no. 2 intimating that since the petitioner had failed to produce any document to prove his relationship with the deceased employee, no further correspondence will be entertained in this regard by the Association in future.;


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