Rajesh Pandey v. The Chief Manager, State Bank Of India And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11669 of 2016 ====================================================== Rajesh Pandey, s/o Shri Shambhu Kumar Pandey, Resident of Mohalla- Flat No. 101, Shri Ram Kunj Apartment, East Boring Canal Road, Patna- 800001, P.S- Buddha Colony, District- Patna.

... ... Petitioner/s

Versus

1. The Chief Manager, State Bank of India, 2nd Floor, (SARB), Main Branch, Building West Gandhi Maidan, Patna-1.

2. The Assistant General Manager-cum-Authorised Officer, State Bank of India, Stressed Assests Recovery Branch 2nd Floor, Patna Main Branch Building, West Gandhi Maidan, Patna-1, Bihar.

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

For the Petitioner/s :

Mr. Surendra Mishra For the Respondent/s :

Mr. Kaushlendra Kumar Sinha Mr. Santosh Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-12-2018 After some argument, the learned counsel for the petitioner seeks liberty to approach the Bank for refund of the balance amount.

The learned counsel for the respondent bank submits that the Bank is ready and willing to give balance amount lying with the Bank, i.e., to the tune of Rs.19,37,222/-. At this juncture, the learned counsel for the petitioner submits that the respondent-Bank has withheld the aforesaid amount illegally, hence the petitioner is entitled for interest. The learned counsel for the respondent- Bank submits that the Bank has written several times to the petitioner but the petitioner had not come to take the aforesaid balance amount of

Patna High Court CWJC No.11669 of 2016(2) dt.03-12-2018 2/2 money, hence the same could not be returned.

In view of the admitted fact that the sum of Rs.19,37,222/- is due to be paid to the petitioner herein, I dispose of the present writ petition with a direction to the respondent-Bank to pay the aforesaid amount within a period of four weeks from today.

However, it will be open to the petitioner to take appropriate action before a competent Court of civil jurisdiction for grant of interest on account of the delayed payment made to the petitioner.

(Mohit Kumar Shah, J) sanjeev/- U