9911796707
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Issues Involved:
1. Refusal to operate the joint account. 2. Legality of the bank's action based on the Will. 3. Claim for expenses incurred. 4. Plaintiff's entitlement to terminal benefits. 5. Validity of the Will. 6. Non-joinder of trustees. 7. Legal notice under section 164 of the Maharashtra Co-operative Societies Act. 8. Limitation period for filing the suit. 9. Mental agony and loss of reputation. 10. Collusion between defendants. 11. Damages claimed by the plaintiff. Issue-wise Detailed Analysis: Issue 1: Refusal to operate the joint account The plaintiff was not allowed to operate the joint account due to a communication received from defendant No. 2 regarding a Will executed by Bharucha. The bank acted on this information and sought legal steps by approaching the Administrator General for a certificate. The plaintiff had previously filed a suit in the City Civil Court, which resulted in a decree in his favor, allowing him to operate the account upon furnishing security. This issue was resolved in the City Civil Court, and no further discussion is necessary. Issue 2: Legality of the bank's action based on the Will The bank's refusal to allow the plaintiff to operate the account was based on a letter from defendant No. 2 about the Will. The bank acted in accordance with the Will and obtained a certificate from the Administrator General. Therefore, the bank's actions were not willful or malicious but were legally justified. The plaintiff failed to prove any mala fide intention on the part of the bank. Issue 3: Claim for expenses incurred The plaintiff did not provide evidence to support his claim for expenses incurred for the obsequies ceremony of Bharucha. The bills produced were unsigned, and there was no proof of payment. Additionally, the plaintiff had no cause of action to claim such expenses from the defendants. This issue was answered in the negative. Issue 4 & 5: Plaintiff's entitlement to terminal benefits and validity of the Will The plaintiff did not provide evidence to support his claim for terminal benefits of Bharucha. The Will executed by Bharucha indicated that the amount was not to be paid to the plaintiff. The plaintiff was not a beneficiary or executor of the Will and did not take any action to challenge the Will. These issues were answered in the negative. Issue 6, 7 & 8: Non-joinder of trustees, legal notice under section 164, and limitation period Defendant No. 2, being a trust, required all trustees to be joined in the suit. The suit was also not maintainable for want of notice under section 164 of the Maharashtra Co-operative Societies Act. The plaintiff's claim was barred by the limitation period, as the cause of action accrued in 1986, and the suit was filed in 1997. These issues were answered in the negative. Issue 9: Mental agony and loss of reputation The plaintiff did not provide evidence to show that he suffered mental agony or loss of reputation due to the bank's refusal to operate the account. The bank's actions were justified, and the plaintiff could not claim damages on this account. This issue was answered in the negative. Issue 10: Collusion between defendants There was no evidence of collusion between the defendants to defeat the plaintiff's claim. The defendants acted bona fide based on the Will executed by Bharucha. This issue was answered in the negative. Issue 11: Damages claimed by the plaintiff The plaintiff failed to prove his entitlement to any damages. The amounts in the saving bank account and fixed deposit were already paid to the plaintiff. The plaintiff did not take any action to challenge the Will and could not claim any terminal benefits of Bharucha. This issue was answered in the negative. Conclusion: The suit was dismissed with costs, as the plaintiff failed to prove his claims on all issues. The bank's actions were legally justified, and the plaintiff's claims were barred by the limitation period and non-compliance with legal requirements.
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