Swaran Singh Saggu vs Canara Bank

Rakesh Kumar Jain, J.(Oral)—One Swaran Singh Saggu (petitioner), who is now 86 years of age, had deposited English Pounds 10,000 and 9,000 in two different Foreign Currency Non-Residents Accounts [for short ''the FCNR''] bearing Nos.2111502000052 and 2111502000005, respectively in the year 2007 in the Canara Bank, Mahal Goraya Branch, Goraya, which were matured in the year 2008 & 2009, respectively and were renewed yearly accordingly. The petitioner came to India in the month of December 2014 with his daughter Orvinder Kaur Saggu @ Nicky, who is his legal guardian having the lasting power of attorney issued by the Officer of Public Guardian, Birmingham, to look after his property and financial affairs. The petitioner approached respondent No.1 and requested that the amount deposited in the two FCNRs may be transferred to his Account No.43974642, sort code 20-08-98 of Barclays Bank having Swift BIC-BARCGB22 and IBAN-GB65 BARC 2008 9843 9746 42 but the amount was not transferred. The petitioner also approached respondent No.1 on 20.3.2015 and handed over a letter of request for transfer of the amount of his FCNRs along with two indemnity bonds and photocopy of the passport. Since, the request of the petitioner was not being entertained by respondent No.1, therefore, the petitioner made a complaint to respondent No.3 to which he has given reply on 22.6.2015 alleging therein that the petitioner has not submitted the original FCNRs deposit receipts at the time of claim.

Learned counsel for the bank has admitted that the original FCNRs deposit receipts were produced by the petitioner and accordingly the amount lying in the FCNRs has been transferred to the savings Account No.2111103513390 of the petitioner, which after conversion to Indian currency came to Rs.12,25,195/- and Rs.11,55,117/-.

Learned counsel for the petitioner has submitted that the respondent/Bank has no right to deny the transfer of the amount of the petitioner to his bank at England whereas learned counsel for the respondent/bank has submitted that the amount is not being transferred only because of the reason that there is some dispute amongst the family members of the petitioner. According to the respondent, the petitioner has married twice in his life. From the first wife, he has a son namely, Pritpal Singh Saggu, who lives in India whereas the petitioner has a daughter from his second wife, who lives with him in England. Since, the petitioner is alive and has given the power of attorney to his daughter to look after his property and financial affairs, which has been made part of the petition as Annexure P-3 and there is no dispute that the amount deposited in the two FCNRs actually belongs to the petitioner, who wanted the said amount to be transferred to his account in Barclays Bank at Birmingham (UK), respondent No.1 has no authority to refuse the transfer of the amount only on the ground that there may be a dispute in future, which may be raised by the son of the petitioner claiming the said amount, which is subject matter of the dispute.

In view of the aforesaid discussion, the present petition is hereby allowed. Respondent No.1/Bank is directed to transfer the amount deposited by the petitioner, much less converted in the Indian rupee deposited in the savings Account No.2111103513390 to the account of the petitioner maintained in Barclays Bank, Birmingham (UK).