DATE OF FILING                    :     25-06-2013.

DATE OF S/R                            :      28-11-2013.

DATE OF FINAL ORDER      :     29-05-2014.

Sri Amal Mudi,

son of late Jaladhar Mudi

of  Dasnagar,  Shanpur, Shivtala,

District –Howrah.--------------------------------------------------------------  COMPLAINANT.

-          Versus   -

Branch Manager,

of S.B.I. ( Howrah Branch ),

9, G.T. Road ( N ), P.O. & P.S. Howrah,

District – Howrah,

PIN - 711101.-------------------------------------------------------------------OPPOSITE PARTY

                                                P   R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.               Complainant, Amal Mudi, by filing a petition U/S 12 of the  C.P. Act, 1986 ( as amended upto date ) has prayed for a direction upon the o.p. to allow him to operate the bank account in question, to refund Rs. 1,100/- with interest, to pay Rs. 2,00,000/- as compensation and litigation costs.

2.                  Brief fact of the case is that complainant entered into a partnership deed with

his father, late Jaladhar Mudi vide partnership deed dated 01-02-2008.  And their partnership business was being run under the name and style of ‘M/S RISING ENGINEERING WORK’. As per partnership deed, the complainant was the 50% owner of the firm. As per the deed, the bank account of the firm was operated any one of them. After the demise of his father, Jaladhar Mudi, one meeting was  held between the legal heirs of the said Jaladhar Mudi and his wife, Durga Mudi, became another partner of the said firm along with the standing partner, herein the petitioner. But, o.p., bank all on a  sudden deducted Rs. 1,100/- without any intimation to the partners and also prevented the petitioner to operate the current account lying in the name of the firm having no. 000000011030424274 which is having Rs. 25,19,354/- as balance. The petitioner also sent one lawyer’s notice to o.ps. with the request to allow him to operate the current account in question otherwise, the day to day activities of the firm is being hampered and stopped. It is also stated by the petitioner that he is running his livelihood from this partnership firm which is at distress due to the severe negligence on the part of the o.ps. Being frustrated and finding  no other alternative, complainant filed this instant petition praying for the aforesaid relief.

3.               Notice was served upon o.p.  Although they appeared but no written version was filed till the final hearing was taken by this Forum.  Accordingly, the  case was  heard ex parte.

4.               Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.P.  ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5.               Both the points are  taken up together for consideration.  We have carefully gone through the petition of complaint and its annexures and noted their contents. From the Partnership Deed dated 01-02-20008, the profit and loss sharing ratio was 50-50 between the petitioner and his father, Jaladhar Mudi, since deceased vide  Clause 6. As per Clause 11 of the said deed it was also decided cheques / drafts etc. drawn in the name of the firm was required to be signed  by any one partner of the partnership firm.  And Jaladhar Mudi died on 25-11-2008.  Since then, the partnership firm was running smoothly by the petitioner till 17-05-2011 when one lawyer’s notice was sent by the petitioner to the o.p. stating that one of the legal heirs of the late  Jaladhar Mudi, lodged one complaint with o.p. and o.p. stopped the operation of the current A/c of the partnership firm. And complainant also requested o.p. to allow him to operate the 50% amount of the said partnership current A/c. But o.p. asked him to submit certain necessary documents  and complainant asked for some time to deposit the same.  Thereafter, complainant sent notices to all the legal heirs of his father vide Annexure dated 22-07-2011 with the request to hold a meeting. All the legal heirs received the letter dated 22-07-2011 vide A/D Cards. And on 30-09-2011, a meeting was held as claimed by the petitioner but the resolution was not signed by any one of the representatives. So, we cannot accept the resolution dated 30-09-2011 as an authentic evidence in this regard. But one thing we are to keep in mind that since the death of Jaladhar Mudid i.e., from 25-11-2008 till 17-05-2011, the said partnership firm was being run by the petitioner alone. And Clause 19 of the Partnership Deed goes like this “ The partnership business shall not necessarily be wound up on the death of any partner but may be continued by the surviving partner by admitting any one of the legal heirs of the deceased partner with them with same right and benefits as the deceased partner enjoyed. If the legal heir of the deceased partner is unwilling to become a partner of the firm the business may be continued by the surviving partner with all its assets and liabilities and the amount standing to the credit of the deceased partner. If any, shall be paid to his legal heir or representative and in settling the account of the deceased partner the value of the goods shall not be into consideration but the same shall belong to the surviving partner.” So, it was already decided by the late Jaladhar Mudi that the firm must survive.  And without the operation of the bank a/c, the firm cannot survive. Again as per this clause, any one of the legal heirs is required to be admitted as partner. And wife of late Jaladhar Mudi is still alive.  So,  Durga Mudi may be entered as a partner. O.p. is required to amend its books of accounts, on receipt of the written authenticated document/information from the partners in writing. One new partnership deed is required to be registered.  And both the partners will be able to operate the bank a/c equally as before. As o.p. has not received any written document in favour of the complainant, o.p. stopped the operation of the said a/c on receipt of a complaint from a legal heir. O.p. is required to have the signature of another partner in order to allow the complainant to operate the current a/c in question which is an exclusive  account opened for a partnership firm, namely ‘RISING ENGINEERING’. Even the Resolution dated 30-09-2011 does not bear the signature of any of the partners. As the o.p. is dealing with the financial transactions it is a real problem for the o.p. to allow the complainant to operate the same in absence of any valid and written documents relating to the new partnership, when a family dispute has arisen. So, we do not find any latches on the part of the o.p. Bank. But Clause 19 of the Partnership Deed dated 01-02-2008 is very clear. Complainant also alleged that o.p. deducted Rs. 1100/- arbitrarily but no document has been annexed by him. From the bank statement it is not evident that o.p. has deducted such amount. Accordi8ngly, we allow the petition of complaint in part against o.p.

     Points under consideration are accordingly decided.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 210  of 2013 ( HDF 210 of 2013 )  be  allowed in part  ex parte  without  costs  against  the O.P. 

      That the  O.P. is  directed to allow the complainant to operate the current account having no. 00000011030424274 immediately, i.e., within seven working days on receipt of the new partnership deed and/or resolution adopted by all the legal heirs of Jaladhar Mudi, since deceased.

      No order as to compensation and costs.

      Supply the copies of the order to the parties, as per rule.            

DICTATED  &    CORRECTED

BY   ME.  

      (  Jhumki Saha  )                                                                  

  Member, C.D.R.F.,Howrah.