The Public Information Officer
State Bank of India
New Delhi July 17, 2009

Dear Sir,

Sub: Information under RTI, Act under section 6.

Reg: Jain Motor Car Co, Petrol Pump at New Rohtak Road, New Delhi and other accounts in your Rajpur Road, delhi branch or any other branch through them.

You are having various accounts in the name of Jain Motor Car Co, JMC Industries, Bhiku Ram Jain Oils, Bhiku Ram Jain Oils, Bhiku Ram Jain Exports, Bhiku Ram Jain Foods, JMC Works pvt. Ltd, JMC Works LTD, ART Mall and some other account at the address 5, Shivaji Marg, Delhi and at IBP Petrol Pump New Rohtak Road, New Delhi, at 49 Bhiku Ram Jain Marg (earlier known as Rajpur Road) Delhi 110 054 or at 4, Ambedkar Samarak Marg (earlier known as Flag Staff Road), Delhi 110 054

I understand one of the partners has died on 18.2.2008 which was duly informed to you and you are still continuing to operate the account without a new partnership deed or any mutual agreement of the partners while the partnership deed clause 14 says:

“……..that on the death of a party the firm shall not be dissolved but will continue to be carried by the surviving partners and the heirs or representatives of the deceased partners under such terms and conditions as may be agreed upon among the surviving parties.”

I also understand that some of the partners have submitted a will of the deceased partner in their favor for which no probate or letter of Administration from the court has been obtained. Could the Will be a forged and fabricated.

It is a fact that irrespective of any percentage of any partners, the Partnership Act says you need to have a new deed of partnership. It is also a fact that the firm in question has a clause that the firm will not be dissolved on a death of any partners but it also says there has to be a mutual consent of the existing parties and the legal heir/ representatives of the deceased?

It is also a known fact that if any clause or agreement is in contradiction to the Act and in case of any difference of opinion the Partnership Act shall prevail.

I have the knowledge of the following accounts with you (please confirm other accounts in the name and addresses given above as I suspect foul play)

1. Account no 3021536620 in the name of JMC Industries, 49, Rajpur Road, Delhi
2. Other Account in the name of Jain Motor Car Co, 49, Rajpur Road, Delhi
3. Account No 30408594511 in name JMC Works Pvt. Ltd., 5 Shivaji Marg, Delhi

In this regard I want the following information in the shape of answer of the following queries form your goodself which are as under:

1. What are the reasons and under what circumstances you had continued to operate the accounts in above name in spite of various objections from the partners and the legal heir without informing all the partners?

2. Was the operation for these accounts ever stopped under these circumstances and under what circumstances the same were resumed thereafter?

3. Is it also not a fact that you as the Banker have no right to decide about the legal heirs or to decide whether the WILL is OK or not and that it is your responsibility to ask for probate of the will especially if there are objections already raised by the Partners and the legal heirs and not operate the accounts till you get appropriate documents.

4. Does this amounts to favoring some against the interest of the others.

5. Is it not a fact that on the death of a partner you should have stopped the operation of the accounts unless the new legal document was submitted by the partners?

6. Is it a fact that the partnership deed says the account can be operated upon by any single partner and that you did not care to take note of one of the partner regarding operation of account.

7. Is it a fact that you were advised by the partner and the legal heirs not to operate the account with immediate effect till the partners and legal heirs of the deceased partner do not submit to you some mutual agreement?

8. Is it a fact that three of the legal heirs Mrs. Satya Jain, Mrs. Tilka Agarwal and Mr. Virender Jain have sent you their objection for operation of accounts.

Please give me the reply of the above at your earliest but before the prescribed time under the RTI Act and fix responsibility on those who have done wrong, if any.


Thanking You


Virender Jain
98110 27562
Fax 2394 4030
C/o Jain Motor Trading Co
2704, Lothian Road
Kashmere Gate, Delhi 110 006