Injunction Petition in Civil Suit

 

In the Court of the Learned 5^th Civil Judge (Junior Division) Alipore,

South 24 Parganas

18, Alipore Judges’ Court Road, Alipore, Kolkata – 700027

 

Title Suit No.            of 2025

 

                                                          In the matter of ;

 

Nandita Mondal Bose, Wife of Late Bimal Kumar Bose @ Bimal Bose, aged about ______years, residing at 3^rd Floor, Block A, Holding Number 374, P.K. Guha Road, Gora Bazar, Police Station Dum Dum, Kolkata – 700028, District North 24 Parganas, Mobile No. 8697549234.

                   __________Plaintiff

-      Versus –

Injunction Petition

(1)  Sri Vivek Bose, Son of Late Bimal Kumar Bose @ Bimal Bose, residing at Premises being no. 36C, Motilal Gupta Road, Post Office Barisha, Police Station Haridevpur, Kolkata – 700008, District South 24 Parganas.

 

(2)  Smt. Binita Bose, Daughter of Late Bimal Kumar Bose @ Bimal Bose, residing at Premises being no. 36C, Motilal Gupta Road, Post Office Barisha, Police Station Haridevpur, Kolkata – 700008, District South 24 Parganas.

 

(3)  The Branch Manager, Bandhan Bank, Joka Branch, IFSC : BDBL0002144, having Branch at Ground Floor, B- 4, Dist, Diamond Park, Joka, Kolkata – 700104, West Bengal.

 

(4)  The Branch Manager, ICICI Bank, Thakurpukur Branch,  IFSC Code: ICIC0001973, having Branch at Premises being no. 130C Diamond Harbour Road, Joka, Ps Thakurpukur, Kolkata - 700104, West Bengal.

 

(5)  The Branch Manager, Karur Vysya Bank, Joka Branch, IFSC Code: KVBL0003108 having its Branch at Diamond Park, Joka, Kolkata - 700104, West Bengal.

_______Defendants

 

An application under Order 39 Rule 1 & 2, read with Section 151 of the Code of Civil Procedure’ 1908.

 

The Plaintiff most respectfully submits as follows;

 

1.   The Plaintiff has filed the above referred Suit for Declaration and Permanent Injunction. The statements made therein may be treated as part of this application for the sake of brevity.

 

2.   The Plaintiff is married to one Sri Bimal Kumar Bose @ Bimal Bose of Premises being no. 36C, Motilal Gupta Road, Post Office Barisha, Police Station Haridevpur, Kolkata – 700008, District South 24 Parganas, and out of their wedlock one daughter namely Brishti Bose born. The plaintiff is the Second Wife of the said Sri Bimal Kumar Bose @ Bimal Bose. The said Bimal Kumar Bose @ Bimal Bose married this plaintiff on demise of his first wife. The said Bimal Kumar Bose @ Bimal Bose have one Son namely Vivek Bose and one daughter namely Binita Bose, out of his earlier wedlock with his first wife. Therefore the said Bimal Kumar Bose @ Bimal Bose died on 10-06-2024, leaving behind his legal heirs, and successors, as the Plaintiff Nandita Mondal Bose (Widower), Brishti Bose (Minor Daughter) and Vivek Bose (Son from the first wife), Binita Bose (Daughter from the first wife). Therefore the Plaintiff on demise of her husband Bimal Kumar Bose @ Bimal Bose on 10-06-2024, become successor for 50% (Fifty percent) of the property including money lying in the Bank Accounts as well as money in the form of the Fixed Deposit lying in the concerned Bank.

 

3.   The Plaintiff acquired knowledge that the deceased Bimal Kumar Bose @ Bimal Bose had have substantial money in the Saving Bank Account No. 52220042185611, with the Bandhan Bank, Joka Branch, IFSC : BDBL0002144, having Branch at Ground Floor, B- 4, Dist, Diamond Park, Joka, Kolkata – 700104, West Bengal. Saving Bank Account no. 19730002183, & Fixed Deposits with ICICI Bank, Thakurpukur Branch,  IFSC Code: ICIC0001973, having Branch at Premises being no. 130C Diamond Harbour Road, Joka, Ps Thakurpukur, Kolkata - 700104, West Bengal. Saving Bank Account & Fixed Deposit with Karur Vysya Bank, Joka Branch, IFSC Code: KVBL0003108 having its Branch at Diamond Park, Joka, Kolkata - 700104, West Bengal.

 

4.   The Plaintiff approached the defendants bank; but they did not co-operate on account that the respective accounts in the name of deceased Bimal Kumar Bose @ Bimal Bose has been assigned with Nominee, which stand in the name of Vivek Bose being Son of the first wife of the deceased Bimal Kumar Bose @ Bimal Bose. The defendants’ bank did not adhere to give any money to the plaintiff.

 

5.   The Plaintiff is the Second lawful wife of the deceased Bimal Kumar Bose @ Bimal Bose, who died on 10-06-2024. The Plaintiff is with her minor daughter Brishti Bose are the lawful Successors along with Vivek Bose (Son from the first wife), Binita Bose (Daughter from the first wife). But since the said Vivek Bose name has been given as Nominee in all the bank Accounts by the deceased Bimal Kumar Bose @ Bimal Bose, he used to take money at his own from the concerned Bank Accounts towards to gain of himself and his sister Binita Bose. Thus, the plaintiff and her minor daughter has duly been victimized at the behest of the defendants.

 

6.   The Plaintiff submits that nomination made in Bank accounts or Fixed Deposits does not confer any ownership right upon the nominee. As per settled law, the nominee acts only as a trustee for the legal heirs of the deceased account holder. Therefore, the entire amount lying in the said Bank Accounts and Fixed Deposits of Late Bimal Kumar Bose @ Bimal Bose ought to devolve equally among his legal heirs, namely — the Plaintiff (widow), Brishti Bose (minor daughter), Vivek Bose (son from the first marriage), and Binita Bose (daughter from the first marriage). However, the Defendant Nos. 1 and 2, in connivance with the Defendant Bank officials (Defendant Nos. 3, 4, and 5), have illegally withdrawn, or are attempting to withdraw, the entire sum, thereby depriving the Plaintiff and her minor daughter of their legitimate shares.

 

7.   The Plaintiff further submits that despite repeated requests and representations to the concerned Bank Branches, the said Banks have failed and neglected to protect the interests of all the legal heirs of the deceased Bimal Kumar Bose @ Bimal Bose. The Banks have wrongfully allowed Defendant No.1, namely Vivek Bose, to deal with the accounts and Fixed Deposits without insisting upon a Succession Certificate, Probate, or Letter of Administration, which is mandatory under the law for disbursal of funds when there are multiple legal heirs.

 

8.   The Plaintiff also states that she is constrained to approach this Hon’ble Court for necessary reliefs by way of Declaration and Permanent Injunction to protect her and her minor daughter’s share in the estate left behind by Late Bimal Kumar Bose @ Bimal Bose.

 

9.   The Plaintiff further states that despite having no exclusive ownership rights, Defendant No. 1, taking advantage of being the nominee in the said accounts, is illegally withdrawing, or attempting to withdraw, the entire amounts standing in the said Bank Accounts and Fixed Deposits, to the wrongful exclusion of the Plaintiff and her minor daughter.

 

10.                That the Defendants, unless restrained by an order of injunction, will continue to withdraw the monies and misappropriate the estate of Late Bimal Kumar Bose @ Bimal Bose, thereby causing irreparable loss and injury to the Plaintiff and her minor daughter, for which monetary compensation would not be an adequate remedy.

 

11.                That the balance of convenience is in favour of the Plaintiff, and greater harm would be caused to the Plaintiff if the injunction is not granted, whereas no prejudice would be caused to the Defendants if they are restrained from operating the accounts until the lawful partition of the estate.

 

12.                That unless an injunction is granted, the Plaintiff will suffer irreparable harm and injury and the entire purpose of the suit would be frustrated.

 

13.                That this Hon'ble Court has jurisdiction to entertain and try this application and grant the reliefs prayed for.

In the premises aforesaid, the Plaintiff most humbly prays that Your Honour may graciously be pleased to:

(a) Pass an order of temporary injunction restraining the Defendant Nos. 1 and 2, their agents, servants, and assigns, from exclusively operating, withdrawing, or dealing with the Saving Bank Accounts and Fixed Deposits standing in the name of Late Bimal Kumar Bose @ Bimal Bose, pending disposal of the suit;

(b) Direct Defendant Nos. 3, 4, and 5 (the Banks) to freeze the said accounts and Fixed Deposits until further orders of this Hon’ble Court;

(c) Pass such further or other order or orders as Your Honour may deem fit and proper.

And for this act of kindness, the Plaintiff, as in duty bound, shall ever pray.

SCHEDULE REFERRED TO ABOVE

(i)           Saving Bank Account No. 52220042185611, with the Bandhan Bank, Joka Branch, IFSC : BDBL0002144, having Branch at Ground Floor, B- 4, Dist, Diamond Park, Joka, Kolkata – 700104, West Bengal, of Late Bimal Kumar Bose @ Bimal Bose.

 

(ii)          Saving Bank Account no. 19730002183, & Fixed Deposits with ICICI Bank, Thakurpukur Branch,  IFSC Code: ICIC0001973, having Branch at Premises being no. 130C Diamond Harbour Road, Joka, Ps Thakurpukur, Kolkata - 700104, West Bengal, of Late Bimal Kumar Bose @ Bimal Bose.

 

(iii)        Saving Bank Account & Fixed Deposit with Karur Vysya Bank, Joka Branch, IFSC Code: KVBL0003108 having its Branch at Diamond Park, Joka, Kolkata - 700104, West Bengal, of Late Bimal Kumar Bose @ Bimal Bose.

 

 

Verification

I, Nandita Mondal Bose, Wife of Late Bimal Kumar Bose @ Bimal Bose, residing at 3rd Floor, Block A, Holding Number 374, P.K. Guha Road, Gora Bazar, Police Station Dum Dum, Kolkata – 700028, District North 24 Parganas, do hereby verify that the contents of paragraphs 1 to 8 are true to my knowledge and belief and that I have not suppressed any material facts.

Verified at Kolkata on this the ___ day of _______, 2025.

 

 

 

Nandita Mondal Bose (Plaintiff)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AFFIDAVIT OF THE PLAINTIFF

 

AFFIDAVIT

 

I, Nandita Mondal Bose, Wife of Late Bimal Kumar Bose @ Bimal Bose, aged about ___ years, by occupation Housewife, residing at 3rd Floor, Block A, Holding Number 374, P.K. Guha Road, Gora Bazar, Police Station Dum Dum, Kolkata – 700028, District North 24 Parganas, do hereby solemnly affirm and declare as under;

 

1. That I am the Plaintiff in the present suit and am well conversant with the facts and circumstances of the case, and hence, competent to affirm this Affidavit.

 

2. That the statements made in paragraphs 1, 2, 3, 4, 5, & 6, of the Plaint are true and correct to my knowledge and belief, and the statements made in the remaining paragraphs are based on legal advice, which I believe to be true and correct.

 

3. That I have not suppressed any material facts nor made any false statement in the Plaint.

 

4. That I am filing this Affidavit in support of the Plaint for Declaration and Permanent Injunction.

 

Solemnly affirmed and declared by the said Nandita Mondal Bose at Kolkata on this ___ day of _______, 2025.

 

 

 

Nandita Mondal Bose

(Plaintiff)

DEPONENT

Identified by me,

 

 

Advocate

Drafted & Prepared in my chamber,

 

 

Advocate

Date : ___________________2025

Place : Alipore Judges’ Court

 

N O T A R Y

 

 

 

 

 

List of Documents

{Relied on by the Plaintiff}

 

1.   Death Certificate of Deceased Bimal Kumar Bose @ Bimal Bose;

2.   PAN & AADHAR CARD of Deceased Bimal Kumar Bose @ Bimal Bose;

3.   PAN & AADHAR CARD of the Plaintiff;

4.   Credential / Birth Certificate of the Minor Bristi Bose;

5.   Credential / Marriage Certificate of the Plaintiff;

6.   Letter of the Plaintiff;

7.   Letter of the Learned Advocate of the Plaintiff;