Press Reporter News Service
Chandigarh, October 12
It took 4 years of authorized battle for Ravleen Mongia, daughter of former Chief Justice of the Gauhati Excessive Courtroom and former Choose of the Punjab and Haryana Excessive Courtroom RS Mongia to get her identify corrected within the checking account of her late father. Whereas permitting her attraction, Rajeev Ok Beri, Extra District Choose, Chandigarh, put aside the order of the trial court docket and declared that the plaintiff Ravleen Mongia is similar one who has been talked about as Raveen Monia within the checking account of late Justice RS Mongia and additional that she is the daughter of the account holder. Therefore she is entitled to obtain the proceeds of the checking account as per the foundations.
Ravleen had filed the attraction towards the judgment and decree dated March 13, 2019, handed by Civil Choose (Junior Division), Chandigarh. The trial court docket had dismissed her civil go well with filed towards Kotak Mahindra Financial institution, Mani Majra. She had filed the go well with saying that her father RS Mongia, who retired because the Chief Justice was sustaining an account with the financial institution through which he had proven her as his nominee. He expired on August 21, 2017.
After his loss of life she approached the financial institution to acquire the proceeds of the account being the nominee. She mentioned that the financial institution disclosed to her that apparently as a consequence of an inadvertent mistake her identify was wrongly talked about as Raveen Mongia and her relationship with the account holder was talked about as spouse.. Attributable to this purpose the proceeds of the account weren’t launched to her by financial institution regardless of her repeated requests. She mentioned that she, her sister and mom are the one surviving authorized heirs of the account holder and so they had no objection.
The defendant admitted that Justice RS Mongia was holding the account and therein nominee additionally was appointed by the account holder who as per document was Raveen Mongia and never Ravleen Mongia and additional that she was talked about as spouse and never as daughter of the account holder. Remaining model of plaint was denied and dismissal of go well with was prayed for and different defendants most popular to not seem and have been proceeded towards ex parte. The decrease court docket dismissed the go well with of the plaintiff vide impugned judgment and decree dated March 13, 2019.
Feeling aggrieved by this judgment and decree the plaintiff has most popular the attraction. After listening to of the arguments Rajeev Ok Beri, Extra District Choose, Chandigarh says that the proof of plaintiff was discarded by the decrease court docket with out appreciating the factual and authorized place.
The paperwork by plaintiff remained unassailed. Her handle apparently is similar as that of RS Mongia. None of those averments is disputed by defendant’s mom and sister. But the unchallenged deposition of plaintiff and her paperwork, weren’t given due weightage by the decrease court docket thereby committing grave error.
“The inadvertent mistake within the identify of plaintiff and her mentioning as spouse as an alternative of daughter of the account holder within the financial institution document was not an irreversible mistake. There isn’t any different claimant of the concerned quantity. There isn’t any different member of the family of RS Mongia with the identify Raveen Mongia. Defendant no.2 is his spouse. None of those circumstances was thought of by the Decrease Courtroom,” says the court docket whereas permitting her attraction.