Tribune News Service
Chandigarh, October 12
It took four years of legal battle for Ravleen Mongia, daughter of former Chief Justice of the Gauhati High Court and former Judge of the Punjab and Haryana High Court RS Mongia to get her name corrected in the bank account of her late father. While allowing her appeal, Rajeev K Beri, Additional District Judge, Chandigarh, set aside the order of the trial court and declared that the plaintiff Ravleen Mongia is the same person who has been mentioned as Raveen Monia in the bank account of late Justice RS Mongia and further that she is the daughter of the account holder. Hence she is entitled to receive the proceeds of the bank account as per the rules.
Ravleen had filed the appeal against the judgment and decree dated March 13, 2019, passed by Civil Judge (Junior Division), Chandigarh. The trial court had dismissed her civil suit filed against Kotak Mahindra Bank, Mani Majra. She had filed the suit saying that her father RS Mongia, who retired as the Chief Justice was maintaining an account with the bank in which he had shown her as his nominee. He expired on August 21, 2017.
After his death she approached the bank to obtain the proceeds of the account being the nominee. She said that the bank disclosed to her that apparently due to an inadvertent mistake her name was wrongly mentioned as Raveen Mongia and her relationship with the account holder was mentioned as wife.. Due to this reason the proceeds of the account were not released to her by bank despite her repeated requests. She said that she, her sister and mother are the only surviving legal heirs of the account holder and they had no objection.
The defendant admitted that Justice RS Mongia was holding the account and therein nominee also was appointed by the account holder who as per record was Raveen Mongia and not Ravleen Mongia and further that she was mentioned as wife and not as daughter of the account holder. Remaining version of plaint was denied and dismissal of suit was prayed for and other defendants preferred not to appear and were proceeded against ex parte. The lower court dismissed the suit of the plaintiff vide impugned judgment and decree dated March 13, 2019.
Feeling aggrieved by this judgment and decree the plaintiff has preferred the appeal. After hearing of the arguments Rajeev K Beri, Additional District Judge, Chandigarh says that the evidence of plaintiff was discarded by the lower court without appreciating the factual and legal position.
The documents by plaintiff remained unassailed. Her address apparently is the same as that of RS Mongia. None of these averments is disputed by defendant’s mother and sister. Yet the unchallenged deposition of plaintiff and her documents, were not given due weightage by the lower court thereby committing grave error.
“The inadvertent mistake in the name of plaintiff and her mentioning as wife instead of daughter of the account holder in the bank record was not an irreversible mistake. There is no other claimant of the involved amount. There is no other family member of RS Mongia with the name Raveen Mongia. Defendant no.2 is his wife. None of these circumstances was considered by the Lower Court,” says the court while allowing her appeal.
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