In the Court
of the Learned 5th 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 3rd 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 –
(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
Suit for
Declaration and Permanent Injunction valued at Rs. 1,000/- (Rupees One
Thousand) only.
The Plaintiff most respectfully submits
as follows;
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
- The
cause of action for the present suit arose on the death of Sri Bimal Kumar
Bose @ Bimal Bose on 10-06-2024, and subsequently when the Plaintiff was
denied her lawful claim over the bank accounts and Fixed Deposits. The
cause of action is continuing as the Plaintiff and her minor daughter are
being wrongfully deprived of their rightful share.
- This
Hon’ble Court has the jurisdiction to entertain and try the present suit
as the properties in question, namely the Saving Bank Accounts and Fixed
Deposits, are situated within the jurisdiction of this Hon’ble Court, and
the Defendant Nos. 1 and 2 also reside within the territorial jurisdiction
of this Hon’ble Court. Furthermore, the cause of action wholly or in part
has arisen within the jurisdiction of this Hon’ble Court.
- For the
purpose of Court fees and jurisdiction, the Plaintiff values the relief
for Declaration and Permanent Injunction at Rs. 1,000/- (Rupees One
Thousand only), and affixes the appropriate Court fee as per the
provisions of the Court Fees Act, 1870. The Plaintiff undertakes to pay
any additional Court fees if so directed by this Hon’ble Court.
In the premises
aforesaid, the Plaintiff humbly prays for the following reliefs;
(a) A Declaration
that the Plaintiff and her minor daughter Brishti Bose are entitled to succeed
to the estate of Late Bimal Kumar Bose @ Bimal Bose, including the amounts lying
in the Saving Bank Accounts and Fixed Deposits mentioned herein, along with the
other legal heirs.
(b) A Permanent
Injunction restraining Defendant Nos. 1 and 2 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 without accounting
for the Plaintiff’s and her minor daughter's shares.
(c) A Direction upon
Defendant Nos. 3, 4, and 5 (the Banks) to freeze the accounts and Fixed
Deposits in the name of Late Bimal Kumar Bose @ Bimal Bose until the estate is
lawfully partitioned amongst the legal heirs, or till a Succession
Certificate/Probate/Letter of Administration is obtained.
(d) An Ad-interim
Order of Injunction in terms of prayer (b) above during the pendency of the
suit.
(e) Leave under Order
2 Rule 2 of the Code of Civil Procedure’ 1908.
(f) Cost of the Suit.
(g) Any other relief
or reliefs as this Hon’ble Court may deem fit and proper in the facts and
circumstances of the case.
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 faith Hindu, 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;
- 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.
- 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.
- That
I have not suppressed any material facts nor made any false statement in
the Plaint.
- 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;
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