No. 3/26.03.2009.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Mr. Gouranga Gupta Roy, the Ld. Advocate and Respondent Nos. 1 & 2 through authorized representative Mr. Debasish Sur are present.  Respondent No. 3 enters appearance by filing Vokalatnama through Mr. Surojit Nandan.  Appellant files BNA.  Heard the Ld. Advocate for the Appellant, Respondent Nos. 1 & 2 appearing through authorized representative and the Ld. Advocate of Respondent No. 3.  It appears that the disputes relate to deposit made in MIS Scheme and Recurring A/c. with Post Office, Brahmo Samaj Road, Kolkata.  The Appellant who was the Complainant in the Forum below contended that the money came from his retirement benefits and it was kept in joint name with his wife, the present Respondent No. 3 in the said scheme.   Admittedly the scheme has come to an end and the amount stood matured on some day in 2006.  Contention of the Appellant is that the Forum below did not even accept the prayer of the Appellant to release 50% of the amount in the Scheme on maturity in favour of the Appellant when admittedly the amount stood in the name of two persons being the Appellant and Respondent No. 3.  The case of the Appellant admittedly is that pass books are not is his possession.  The Ld. Advocate for the Respondent No. 3 contended that his client being the Respondent No. 3, the wife of the Appellant is entitled to 50% of the whole amount.  In such circumstances we find that the two persons holding Accounts have no objection in release of the total amount with interest in favour of the Appellant and Respondent No.3 in 50% share for each one.  The Respondent Nos. 1 & 2 have contended they have no objection in releasing the amounts and earlier it could not be released as there was dispute between the parties and Respondent No. 3 raised objection in release of the amount.  Presently when the parties who are present in Court through their respective Ld. Advocates have communicated that they have no objection in releasing the entire amount along with post maturity interest at prescribed rate giving 50% to the Appellant and 50% to Respondent No. 3 by three separate cheques to each of the Appellant and the Respondent No. 3.  Therefore, the appeal is allowed directing the Postal authorities to release entire maturity value of the MIS and Recurring A/c in dispute along with post maturity interest paying 50% to the Appellant and 50% to the Respondent No. 3 within a period of one month from the date of the order.  In case of default the Appellant and Respondent No. 3 will be entitled to recover from the Postal Authority the respective amounts in accordance with law and in such case further interest @ 9% will be payable by the Respondent Nos. 1 & 2.  The Postal authorities are at liberty to issue duplicate Pass Book if they feel required for that purpose.  Appellant is directed to extend co-operation in the matter of completion of formalities as he is the first holder of all the three Accounts.