IN THE COURT OF LD.

CIVIL JUDGE, KARKARDOOMA

COURT, EAST DISTRICT NEW DELHI.

CIVIL ORIGINAL SUIT No. ___ of 2024

IN THE MATTER OF:

Mrs. Kusum Bansal and Another …Plaintiffs

Versus

The HDFC Bank and Another …Defendants

INDEX

S. NO. PARTICULARS PAGE NO.

1. Court Fee

2. Memo of Parties

3. Suit for Declaration and Mandatory and

Permanent Injunction on behalf of the
Plaintiffs alongwith affidavit.

4. Application under Order XXXIX Rule 1

and 2 read with Section 151 of the Code
of Civil Procedure, 1908 along with
affidavit.

5. Address Form

6. List of Documents

7. Vakalatnama

`.

PLAINTIFFS
PLACE: NEW DELHI BALDEV KUMAR SINGH
DATED: ___.03.2024 Advocate for the Plaintiffs
463, Ward 7, Sector 29, Noida,
Uttar Pradesh – 201301
Enroll No. D/3537/2014
[email protected]/9999793692
 IN THE COURT OF LD. CIVIL JUDGE, KARKARDOOMA
COURT, EAST DISTRICT NEW DELHI.

CIVIL ORIGINAL SUIT No. ___ of 2024

IN THE MATTER OF:

Mrs. Kusum Bansal and Another …Plaintiffs

Versus

The HDFC Bank and Another …Defendants

MEMO OF PARTIES

1. Mrs. Kusum Bansal,

W/o Mr. Lakhi Chand Bansal
WZ-572E, Naraina Village,
New Delhi-110028 …Plaintiff
No.1

2. Mr. Lakhi Chand Bansal,

S/o
WZ-572E, Naraina Village,
New Delhi-110028 …Plaintiff
No. 2

Versus

1. The HDFC Bank,

Through its Branch Manager,
Branch- Naraina Vihar, New Delhi. …Defendant
No.1

2. Anamika Bansal,
D/o Balram Bhati,
Resident of H. No. 148-A,
Pocket VI, MIG Flats,
Mayur Vihar, Phase-III,
 New Delhi-110096. …Defendant
No.2

Plaintiff No.1

Plaintiff No.2

Through

PLACE: NEW DELHI BALDEV KUMAR SINGH

DATED: ___.03.2024 Advocate for the Plaintiffs
463, Ward 7, Sector 29, Noida,
Uttar Pradesh – 201301
Enroll No. D/3537/2014
[email protected]/9999793692
 IN THE COURT OF LD. CIVIL JUDGE, KARKARDOOMA
COURT, EAST DISTRICT NEW DELHI.

CIVIL ORIGINAL SUIT No. ___ of 2024

IN THE MATTER OF:

Mrs. Kusum Bansal and Another …Plaintiffs

Versus

The HDFC Bank and Another …Defendants

SUIT FOR DECLARATION AND PERMANENT INJUNCTION

Most Respectfully Showeth:

1. That the Plaintiff No.1 is wife of the Plaintiff No.2 and was

mother-in-law of the Defendant No.2 and the Plaintiff No.2 was

the father-in-law of the Defendant No.2. It is submitted that the

Plaintiffs’ elder son namely Rahul Bansal, whose marriage was

solemnized with the Defendant No.2 on 24.04.2012 as per Hindu

Rites and Rituals.

2. That the Plaintiff is constrained to file the present suit against

the Defendants seeking declaration along with permanent and

mandatory injunction.

3. That the Defendant No. 1 is the bank of the Plaintiff, having its

registered office at HDFC Bank House, Senapati Bapat Marg,

Lower Parel, Mumbai. However, all the transactions were carried

 out by the Plaintiffs and Defendant No.2 from its branch office,

situated at Naraina, New Delhi-110028.

4. That immediately after marriage, the Son of the Plaintiffs and the

Defendant No.2 started residing at the matrimonial house

situated at WZ-572E, Naraina Village, New Delhi-110028 and on

02.09.2013, a daughter namely Haridaya alias Seerat was born

out of their wedlock. It is submitted that out of love and concern,

the Plaintiffs proposed the Defendant No.2 for opening of a joint

ownership locker with the Defendant No.1 at its branch for

keeping pieces of jewellery and valuable articles.

5. That at the mutual agreements and consent between the parties,

the Plaintiffs along with the Defendant No.2 requested Defendant

No.1 to open joint ownership locker facilities in the name of

Plaintiffs along with Defendant No.2 and the Defendant No.1

after complete satisfaction opened a joint locker No. 72 at its

branch with complete access right to each of the joint owners.

6. That due to some misunderstanding and matrimonial discord

between the Defendant No.2 and her husband (Plaintiffs’ Son),

the relationship of marriage between them came to an end and

after rounds of deliberation and conciliations, on

a mutual settlement agreement was executed between the

Defendant No.2 and her husband (Plaintiffs’ Son) for dissolution

of marriage.
7. That on the mutual settlement agreement

for dissolution of marriage was executed at Delhi Mediation

Centre, Karkardooma Courts, Delhi and same was also been

brought on record in Case No. 18-V/14 (Anamika Bhati versus

Rahul Bansal and Others) and mediation case no. L-3622/15. It

is submitted that the Learned Karkardooma Court while passing

an order dated 10.12.2015 has discussed the terms and

conditions of the mutual settlement agreement wherein at

paragraph no.8, it has been recorded that the parties (Plaintiffs

and Defendant No.2) have agreed to close the joint locker no. 72

at HDFC Bank Naraina Vihar, District and also a joint account

in Canara Bank, Naraiya Vihar, Delhi and both the parties have

agreed to cooperate with each other in doing so.

8. That the mutual settlement agreement has also been brought on

record in a Criminal Misc. Case No. 4597 of 2016 (Rahul Bansal

and Others versus NCT of Delhi and Another) filed before the

Hon’ble High Court of Delhi and the Hon’ble High Court vide its

order 09.12.2016 after taking into consideration the mutual

agreement allowed the petition and quashed the criminal

proceedings pending against the Plaintiffs and his son (husband

of the Defendant No.2).

9. That 29.06.2019, the Plaintiff approached the Defendant No.1

for closure of the Locker No. 72 operation at its branch on the

 ground of dissolution of marriage as well as relationship with the

Defendant No.2 and the Defendant No.2 has also given

undertaking that she herself wants to close that particular joint

locker no.72 at the Bank. It is submitted that the Plaintiffs have

also apprised the Defendant No.1 about the mutual settlement

agreement executed between the Defendant No.2 and her

husband as well as the order dated 09.12.2016 passed by the

Hon’ble High Court of Delhi in Criminal Misc. Case No. 4597 of

2016 (Rahul Bansal and Others versus NCT of Delhi and

Another).

10. That on 03.07.2019, the Defendant No.1 rejected the Plaintiffs’

application dated 29.06.2019 for closure on the ground that all

the three joint owner of the joint locker no. 72 has to be

personally present for closure of the joint locker. And in

absence of any of the member of request for closure cannot be

entertained.

11. That the Plaintiff No.__ maintains a savings account bearing no.

20401930004796 at the Defendant No.1 branch and despite the

request for closure of the joint locker no. 72 in the light of the

mutual settlement agreement as well as order dated 09.12.2016

passed by the Delhi High Court, the Defendant No.1 is

continuously deducting charges against the maintenance of the

joint locker. It is submitted that since 29.09.2019, the

 Defendant No.1 has deducted charges from the joint savings

account of the Plaintiffs on several dates and the details of the

deduction dates are being reproduced herein below for kind

perusal of this Learned Court:

12. That the Plaintiffs have also approached the Defendant No.2 for

honouring the terms of the mutual settlement dated ____ and to

make a statement before the Defendant No.1 as per deposition

made by her in paragraph no.8 of the order dated 10.12.2015

passed by the Learned Karkardooma Court in Mediation Case

No. L-3622/15 but all efforts of the Plaintiffs went in vain and

till today, Defendant No.2 has not approached neither the

Plaintiffs nor Defendant No.1 for closure of the joint locker

no.72.

13. That unwarranted act of the Defendant No.1 is causing

unnecessary mental, physical and monetary loss. It is

submitted that the act of the Defendant No.1 is in clear defiance

of the order dated 09.12.2016 passed by the Delhi High Court

and Defendant No.2 is also not cooperating with the Plaintiffs in

order to approach the Defendant No.1 for closure of the joint

locker no.72 operating at its Bank Branch.

14. In light of the aforesaid facts and circumstances, the Plaintiffs

have been constrained to approach this Hon’ble Court by way of

the present application seeking a declaration that the Plaintiffs

may be declared as joint owner of locker no.72 maintained by

the Defendant No.1 in the light of the mutual settlement

agreement and through the present original suit, the Plaintiffs

are also praying for permanent and mandatory injunction

against the Defendant No.2 to honour the terms and conditions

of the mutual settlement agreement facilitating the Plaintiffs in

closure of the joint locker bearing no. 72 maintained by the

Defendant No.1.

15.It is further prayed that this Hon’ble Court may also pass

appropriate directions in the nature of permanent and

mandatory injunction against the Defendant No.1 to not to

deduct any further amount under the head of locker rental

amount for joint locker no.72 during the pendency of this

original suit before this Hon’ble Court and/ or pass any other

and further order(s) and direction(s) which this Hon’ble Court

may deem fit and proper.

16. The cause of action to file the present suit first arose _________

2015 when the Defendant No.2 consensually executed the mutual

settlement agreement and again cause of action arose on

 29.06.2019 when Plaintiffs vide an application requested

Defendant No.1 for closure of joint locker no.72 and again the

cause of action arose on ___________________when the Defendant

No.2 refused to cooperate the Plaintiffs in the light of undertaking

deposed in a mutual settlement agreement executed in Medication

Case no. L3622/15 Delhi Mediation Centre, Karkardooma Courts,

Delhi and finally, the cause of action arose on _____________ when

the Defendant No.1 arbitrarily deducted maintenance charges from

the saving account of the Plaintiffs.

17. That the cause of action has arisen at __________, Naraina, Delhi

as the Joint Locker No. 72 is maintained by the Defendant No.1

Bank Branch at Naraina and all the transaction also happened

within the territorial jurisdiction of this Hon’ble Court.

18. That present suit for the purpose of declaration and permanent

and mandatory injunction as is being prayed for herein, is being

valued at Rs. _______________/- on which court fees of Rs.

____________/- is being paid along with the plaint for the relief of

declaration and permanent and mandatory injunction. The

Plaintiffs undertakes to pay further court fees if the aforementioned

court fees is found to be deficient as and when this Hon’ble Court

directs.
19. That the present suit has been filed within the period of

limitation.

20. That the Plaintiffs have not filed any other suit nor any other

suit/proceedings pending on the same cause of action, in any

other court of law nor any other suit is pending before any other

court of law in India.

21. The Plaintiffs crave the leave of this Hon’ble Court to place on

record any further documents or to make any further

submissions relating to the present dispute.

PRAYER

It is, therefore, in the view of the facts and circumstances,

it is expedient in the interest of justice that this Hon’ble Court

may be pleased to:

(i) Issue an order(s) or directions (s) in the nature of the

decree for DECLARATION that Plaintiff Nos. 1 and 2 may

be declared as joint owners of locker no.72 maintained by

Defendant No.1 in the light of the mutual settlement

agreement
(ii) Issue an order(s) or directions (s) in the nature of decree

MANDATORY AND PERMANENT INJUNCTION against

Defendant No.2 to honour the terms and conditions of the

mutual settlement agreement facilitating the Plaintiffs in

closure of the joint locker bearing no. 72 maintained by the

Defendant No.1.

Special Cost together with such any other relief which this

Hon’ble court may deem fit and proper be also awarded in favour

of the plaintiff and against the defendants, in the interest of

justice.

PLAINTIFF NO.1

PLAINTIFF NO.2

THROUGH

PLACE: NEW DELHI BALDEV KUMAR SINGH

DATED: ___.03.2024 Advocate for the Plaintiffs
463, Ward 7, Sector 29, Noida,
Uttar Pradesh – 201301
Enroll No. D/3537/2014
[email protected]/9999793692

VERIFICATION

Verified at New Delhi on ___ day of March, 2024, that the

contents of Paras 1 to ___ of the plaint are true and correct to my

knowledge while those of para __ to __ of the plaint are true upon

information received and believed to be true and correct. Last

para is the prayer clause before this Hon’ble Court.

PLAINTIFFS
 IN THE COURT OF LD. CIVIL JUDGE, KARKARDOOMA
COURT, EAST DISTRICT NEW DELHI.

CIVIL ORIGINAL SUIT No. ___ of 2018

IN THE MATTER OF:

Mrs. Kusum Bansal and Another …Plaintiffs

Versus

The HDFC Bank and Another …Defendants

AFFIDAVIT

I, Kusum Bansal W/o Lakhi Chand Bansal, aged about ______ years

old, R/o WZ-572E, Naraina Village, New Delhi-110028, do hereby

solemnly affirm and declare as under:

1. That I am Plaintiff No.1 in the present Suit and I am well

conversant with the facts of the case.

2. That the accompanying Suit with the present affidavit has been

drafted by my counsel under my instructions and I affirm that the

reply of facts made therein are true and correct to the best of my

knowledge derived from the official records maintained by me in its

ordinary course of business.

DEPONENT

VERIFICATION

I, the Deponent hereinabove, do hereby verify and state that the

contents of the present Affidavit are true and correct to the best of
my knowledge. No part of it is false and nothing material has been

concealed therefrom.

Verified at New Delhi on this ___ day of March, 2024.

DEPONENT
 IN THE COURT OF LD. CIVIL JUDGE, KARKARDOOMA
COURT, EAST DISTRICT NEW DELHI.

CIVIL ORIGINAL SUIT No. ___ of 20

IN THE MATTER OF:

Mrs. Kusum Bansal and Another …Plaintiffs

Versus

The HDFC Bank and Another …Defendants

AFFIDAVIT

I, Lakhi Chand Bansal S/o , aged about

______ years old, R/o WZ-572E, Naraina Village, New Delhi-110028,

do hereby solemnly affirm and declare as under:

1. That I am Plaintiff No.2 in the present Suit and I am well

conversant with the facts of the case.

2. That the accompanying Suit with the present affidavit has been

drafted by my counsel under my instructions and I affirm that the

reply of facts made therein are true and correct to the best of my

knowledge derived from the official records maintained by me in its

ordinary course of business.

DEPONENT
VERIFICATION

I, the Deponent hereinabove, do hereby verify and state that the

contents of the present Affidavit are true and correct to the best of

my knowledge. No part of it is false and nothing material has been

concealed therefrom.

Verified at New Delhi on this ___ day of March, 2024.

DEPONENT
 IN THE COURT OF LD. CIVIL JUDGE, KARKARDOOMA
COURT, EAST DISTRICT NEW DELHI.

CIVIL ORIGINAL SUIT No. ___ of 2018

IN THE MATTER OF:

Mrs. Kusum Bansal and Another …Plaintiffs

Versus

The HDFC Bank and Another …Defendants

APPLICATION ON BEHALF OF PLAINTIFF UNDER ORDER

XXXIX RULE 1 AND 2 READ WITH SECTION 151 OF THE
CODE OF CIVIL PROCEDURE, 1908 FOR THE GRANT OF AN
EX-PARTE AD INTERIM INJUNCTION AGAINST DEFENDANT
NO.1.

MOST RESPECTFULLY SHOWETH:

1. That the Plaintiffs/Applicants have filed the above-mentioned

suit before this Hon’ble court for Declaration and Permanent and

Mandatory Injunction against the Defendant and same is

pending before this Hon’ble Court for adjudication.

2. That the contents of the said suit kindly be read as part of the

present application as well, as the contents of the same have not

reproduced herein for the sake of brevity.

3. That the Defendant No.1 is in clear disobedience of the order

dated 09.12.2016 passed by the Hon’ble High Court of Delhi in

Criminal Misc. Case No. 4597 of 2016 (Rahul Bansal and Others
 versus NCT of Delhi and Another) and the Plaintiffs vide an

application dated 29.06.2019 also informed the Defendant No.1

to not to deduct any amount from the saving account number

20401930004796 of the Plaintiff No.___ against the maintenance

charges of Joint Locker No.72. Thus, the continuous deduction

made by the Defendant No. 1 from the saving account no.

20401930004796 of the Plaintiff No.___ is wholly illegal and the

same is bad in the eyes of law in the view of the facts and

circumstances mentioned in the plaint. The plaintiffs are old

aged ailing citizen of the country.

4. That in case an ex-parte ad interim injunction as prayed for is

not granted in favour of the Plaintiffs and against the Defendant

No.1, the Plaintiffs would suffer irreparable loss and injury

which cannot be compensated in terms of money and the very

purpose of filing the present suit would be defeated.

5. That the Plaintiffs/Applicants have prima-facie case in his favour

and balance of convenience is also in favour of the

plaintiffs/applicants.
 PRAYER

In view of the above facts and circumstance, it is, therefore,

most prayed that this Hon’ble Court may be pleased to pass an

ex-parte ad interim permanent and mandatory injunction in

favour of the Plaintiffs/ Applicants and against the Defendant

No.1, restraining the Defendant No.1 to make any deduction

from the saving account number 20401930004796 under the

head of maintenance charges of joint locker no.72, till the final

disposal of the accompanying suit property by the Hon’ble Court,

in the interest of justice.

Such other or further orders as this Hon’ble Court may

deem fit and proper in the facts and circumstances of the case

be also passed in the favour of the Plaintiff and against the

Defendant to meet the interest of justice.

PLAINTIFF NO.1

PLAINTIFF NO.2

THROUGH
PLACE: NEW DELHI BALDEV KUMAR SINGH
DATED: ___.03.2024 Advocate for the Plaintiffs
463, Ward 7, Sector 29, Noida,
Uttar Pradesh – 201301
Enroll No. D/3537/2014
[email protected]/9999793692
 IN THE COURT OF LD. CIVIL JUDGE, KARKARDOOMA
COURT, EAST DISTRICT NEW DELHI.

CIVIL ORIGINAL SUIT No. ___ of 2018

IN THE MATTER OF:

Mrs. Kusum Bansal and Another …Plaintiffs

Versus

The HDFC Bank and Another …Defendants

AFFIDAVIT

I, Kusum Bansal W/o Lakhi Chand Bansal, aged about ______ years

old, R/o WZ-572E, Naraina Village, New Delhi-110028, do hereby

solemnly affirm and declare as under:

1. That I am Plaintiff No.1 in the present Application and I am well

conversant with the facts of the case.

2. That the accompanying Application with the present affidavit has

been drafted by my counsel under my instructions and I affirm that

the reply of facts made therein are true and correct to the best of my

knowledge derived from the official records maintained by me in its

ordinary course of business.

DEPONENT
VERIFICATION

I, the Deponent hereinabove, do hereby verify and state that the

contents of the present Affidavit are true and correct to the best of

my knowledge. No part of it is false and nothing material has been

concealed therefrom.

Verified at New Delhi on this ___ day of March, 2024.

DEPONENT
 IN THE COURT OF LD. CIVIL JUDGE, KARKARDOOMA
COURT, EAST DISTRICT NEW DELHI.

CIVIL ORIGINAL SUIT No. ___ of 2018

IN THE MATTER OF:

Mrs. Kusum Bansal and Another …Plaintiffs

Versus

The HDFC Bank and Another …Defendants

AFFIDAVIT

I, Lakhi Chand Bansal S/o , aged about

______ years old, R/o WZ-572E, Naraina Village, New Delhi-110028,

do hereby solemnly affirm and declare as under:

1. That I am Plaintiff No.2 in the present Suit and I am well

conversant with the facts of the case.

2. That the accompanying Suit with the present affidavit has been

drafted by my counsel under my instructions and I affirm that the

reply of facts made therein are true and correct to the best of my

knowledge derived from the official records maintained by me in its

ordinary course of business.

DEPONENT

VERIFICATION

I, the Deponent hereinabove, do hereby verify and state that the

contents of the present Affidavit are true and correct to the best of
my knowledge. No part of it is false and nothing material has been

concealed therefrom.

Verified at New Delhi on this ___ day of March, 2024.

DEPONENT
 IN THE COURT OF LD. CIVIL JUDGE, KARKARDOOMA
COURT, EAST DISTRICT NEW DELHI.

CIVIL ORIGINAL SUIT No. ___ of 2024

IN THE MATTER OF:

Mrs. Kusum Bansal and Another …Plaintiffs

Versus

The HDFC Bank and Another …Defendants

LIST OF DOCUMENTS

S. NO. PARTICULARS PAGE NO.

1.

2.

3.

4.

5.

6.

7.

PLACE: NEW DELHI BALDEV KUMAR SINGH

DATED: ___.03.2024 Advocate for the Plaintiffs
463, Ward 7, Sector 29, Noida,
Uttar Pradesh – 201301
Enroll No. D/3537/2014
[email protected]/9999793692