This order shall dispose of First Appeals No.469 and 470 of 2005 filed by the Karnataka Bank Limited against two different complaints filed by the respondents/complainants whose interest are the same.

          Shares of profit were deposited by the respondents/complainants, who were partner in different partnership firm, with the Bank in Fixed Deposits.  The amount matured after the death of the husband of the complainant in First Appeal No.469/2005.  There was a dispute between the family members and a Suit was filed for dissolution of the partnerships.  Since the amount deposited with the bank was not the Subject matter of the said Suit, the respondents made a request to the bank to transfer the said amount to Karnataka Bank at Hospet Branch, Bellary.  The appellant insisted on the production of original receipt of deposits made.  The original certificates could not be produced as they were with the father-in-law of the complainant in appeal No.469/2005 who refused to hand over the same.  The appellant then insisted on production of the Indemnity Bond.  Respondents gave the Indemnity Bond.  Thereafter, the appellant asked the respondents to get an order from the court for seeking the transfer of the amount of the complainant to Hospet branch.  Civil Judge, Hospet passed an order directing the bank to transfer the amount of the complainant from Sawanur to Hospet branch. 

Smt. Lalithadevi in appeal No.470/2005 was a minor at that

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time of death of her father who was a partner in the firm.  Later on, she became a major.  The order of transfer was reversed by the High Court on technical grounds.  The appellant still refused to transfer the account from Savanur to Hospet branch.  The appellant insisted upon the production of security for transfer of the said amount.

          Being aggrieved, respondents filed complaint before the State Commission with the following prayers:

“Therefore, the complainant humbly prays that, this Hon’ble Commission may be pleased to pass a judgment/order directing the respondents to pay a sum of Rs.21,52,900/- as described in the complaint at para 26 along with 18% interest per annum from the date of complaint till the realization to the complainant.

          Any other relief/reliefs as this Hon’ble Commission deems fit under the facts and circumstances of the cause be awarded, in the interest of justice and equity.”

          The State Commission allowed the complaint in the following terms:

“1.     OP-2 is directed to transfer the amount referred to in paragraph (3) of the complaint in Comp.No.48/03 to the Karnataka Bank Limited, Hospet Branch without insisting any security.

2.                OP-2 is also directed to pay Rs.10,000/- to each of the complainants towards mental agony and hardship.

3.                OP-2 is also directed to pay Rs.5,000/- to each of the complainants towards the costs

4.                The complainants are at liberty to operate the account of their choice after the transfer of the account from Savanur Branch to Hospet Branch.”

          Counsel for the appellant states that he has already transferred the Account from Karnataka Branch Limited, Savanur branch to Hospet Branch.  The dispute which remains to be adjudicated is regarding the operation of the Account.  According to the learned counsel for the appellant, the respondents cannot be permitted to operate the Account without getting an order from the Civil Court where the Suit is pending; Bank apprehends that in case, some amount is withdrawn the same may not give rise to litigation against the bank.  The case of the respondent/complainant is that Fixed Deposit receipt is not the Subject matter of the dispute in the suit.  In order to safeguard the interest of both the parties, we direct the respondents to obtain an order from the Civil Court to operate the

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Account.  Till the respondents are able to get the order of the Civil Court, the respondents would not be entitled to operate the Account of the complainant. 

          With these observations, these appeals stand disposed of.