Purushottam Kumar v. Allahabad Bank

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1791 of 2020 ====================================================== 1.

Purushottam Kumar Son of Late Golok Chandra Yadav Resident of VillageBatrauli, P.S.- Mahindwara, District- Sitamarhi. 2.

Kameshwar Kumar Son of Late Golok Chandra Yadav Resident of VillageBatrauli, P.S.- Mahindwara, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

Allahabad bank through its General Manager, Head Office, 2 N.S. Road, Kolkata.

2.

The Regional Manager, Patna, Allahabad Bank.

3.

The Assistant General Manager, Allahabad Bank, Zonal Office, Pani Tanki Chowk, Near Domeno's, Muzaffarpur, Bihar.

4.

The Branch Manager, Allahabad Bank, At and P.O. Mahindwara, through Rampur Hari, Distt- Sitamarhi.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sri Krishna Ranjan, Advocate For the Respondent/s :

Mr.Nishi Nath Ojha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 20-02-2020 Heard Mr. S. K. Ranjan, learned counsel for the petitioners and Mr. Nishi Nath Ojha, for the Allahabad Bank.

Both the petitioners have approached this Court for a direction to the respondents to make available to them the rest of the amount of Rs. 14,758/-, each, which was promised at the time of opening of the recurring amount with penal interest as well as the litigation cost.

Patna High Court CWJC No.1791 of 2020 dt.20-02-2020 2/3 It appears from the records that the petitioners were required to be paid an amount of Rs. 31,006/- after maturity of the account, but for no explicable reason only Rs. 16,248/- has been paid. No explanation also has been offered by the respondents, it has been urged, for not making full payment.

Both the petitioners have filed representation, seeking the reasons for withholding of the amount which is due to the petitioners, which have yet remained unanswered.

This Court under the aforesaid circumstances directs that in case a fresh representation is filed by the petitioners before the Branch Manager of Allahabad Bank, Mandirwada Branch, Sitamarhi (Respondent No. 4) within a period of two weeks, the concerned respondent / Bank Manager shall look into the entire aspects of the matter, verify the assertion made by the petitioners and if the claim of the petitioners is found to be tenable, make

Patna High Court CWJC No.1791 of 2020 dt.20-02-2020 3/3 necessary arrangement for making available the balance fund to the petitioners.

Needless to state that such payment shall be made only if the claim of the petitioners is found to be absolutely correct.

The order must be passed within a period of 60 days from the date of receipt of such representation, which will contain the reason for withholding of the aforesaid amount.

With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 24.02.2020 Transmission Date