Chandra Bhushan Pathak v. The Regional Manager, Central Bank Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4259 of 2024 ====================================================== Chandra Bhushan Pathak Son of Late Sheo Kumar Pathak Resident of Village- Saisar, P.S.- Dinara, District- Rohtas. ... ... Petitioner/s

Versus

1. The Regional Manager, Central Bank of India Maurya Lok, Patna.

2. The Manager, Central Bank of India, Buxar, District- Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Braj Bhushan Mishra, Advocate For the Respondent/s :

Mr. Suresh Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 24-01-2025 Present writ petition has been filed for the following relief(s) :

"That this is an application for issuance of an appropriate writ, order or direction to the respondents for making payment of Rs.99,847/- (Ninety nine thousand eight hundred and forty seven rupees) along with interest since March 1987 deposited by the petitioner in Dhan Vridhi Scheme by issuing an appropriate writ, order or direction to the respondent."

2. Learned counsel for the petitioner has stated that the respondent Bank had issued a banker cheque to the tune of Rs. 99,847/- in favour of the petitioner on 06.08.1999 but the same has not been paid to the petitioner. Learned counsel for the petitioner has produced the original Banker cheque before this Court on 08.01.2025. Further it is stated that the petitioner

Patna High Court CWJC No.4259 of 2024(8) dt.24-01-2025 2/3 is a poor farmer and the authorities may be directed to repay the entire amount of Rs. 99,847/- along with the interest from March, 1987. Counsel has stated that the amounts were deposited under the Dhan Vridhi Scheme and as the original amount was lying with the Bank, the respondent Bank may be directed to pay the maturity amount along with the interest from March, 2007 till date.

3. Per contra learned counsel appearing on behalf of the respondents has vehemently opposed the maintainability of the present writ petition. Learned counsel has stated that after the maturity the petitioner was given the banker cheque on 06.08.1999, however, the petitioner instead of depositing the same in his account has kept due it. That it is beyond the imagination of the Bank as to why the petitioner has not deposited the cheque and came to the Bank for the first time only in the year 2019 by way of representation dated 28.10.2019. Even on that date the petitioner did not produce the original bankers cheque and therefore, the authority could not pay the amount to the petitioner. Leaned counsel has stated that the respondents are ready to pay the original amount of maturity to the petitioner ie. Rs. 99,847/- and to that effect necessary orders may be passed. Learned counsel has stated that the

Patna High Court CWJC No.4259 of 2024(8) dt.24-01-2025 3/3 petitioner may be directed to produce the original Banker cheque before the Bank and thereafter the amount will be deposited to the account of the petitioner.

4. Considering the above mentioned facts and circumstances this Court is of the opinion that the ends of justice would be met if the authority the respondent Bank is directed to pay the maturity amount of Rs. 99,487/- together with the interest calculated at the rate of 8% P.A from 28.10.2019 till the date of actual payment. The petitioner is directed to make a suitable representation enclosing the banker cheque before the respondent Bank within a period of four weeks from today and after receiving the same the respondent authority shall calculate the total amount due to the petitioner as per the directions of this Court and pay the same within a period of four weeks from the date of receipt of the representation.

5. With the above direction the writ petition stands disposed of.

(A. Abhishek Reddy , J) Prakash/- U