M/S Shree Durga Rice Mill And ORS v. Bank Of India And ORS

Patna High Court CWJC No.15352 of 2015 dt.16-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15352 of 2015 ===========================================================

1. M/s Shree Durga Rice Mill (Modern Rice Mill), a partnership firm having its place of business at Akhauripur Gola, P.O. Chausa - 802114, P.S. Buxar Muffasil, District : Buxar through its partner, namely, Anunay Kumar Son of Shri Vinod Kumar resident of Anand Bhawan, Station Road, P.S. Buxar Town, P.O. Gajadharganj, District and Town : Buxar, PIN : 802103.

2. Vinod Kumar Son of Late Anand Bihari Prasad resident of Anand Bhawan, Station Road, P.S. Buxar Town, P.O. Gajadharganj, District and Town : Buxar, PIN : 802103.

3. Anunay Kumar Son of Shri Vinod Kumar resident of Anand Bhawan, Station Road, P.S. Buxar Town, P.O. Gajadharganj, District and Town : Buxar, PIN : 802103.

4. Meena Devi Wife of Shri Vinod Kumar resident of Anand Bhawan, Station Road, P.S. Buxar Town, P.O. Gajadharganj, District and Town : Buxar, PIN : 802103.

.... .... Petitioner/s

Versus

1. Bank of India, Star House, C - 5, 'G' Block, Bandra Kurla Complex, Bandra (East), Mumbai : 400051, through its Chairman-cum-Managing Director.

2. The Chairman Cum Managing Director, Bank of India, State House, C- 5, 'G' Block, Bandra Kurla Complex, Bandra (East), Mumbai : 400051.

3. The Zonal Manager, Bank of India, Patna Zone, Chanakya Place, Birchand Patel Marg, Patna - 800001, Bihar.

4. The Senior Branch Manager, Bank of India, Buxar Branch, Buxar, Bihar. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Kumar Ravish For the Respondent/s : Mr. Sunil Kumar Rai, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 16-12-2015 Heard learned counsel for the petitioners and learned counsel for the respondents.

2. The present writ petition has been filed for a direction to the respondents to de-freeze/activate the firm's account with the Bank of India, Buxar Branch bearing Cash Credit Account No. 1 and A/c No. 46053010000001; to refund the annual charges to the tune of Rs. 1,01,124/- recovered from

Patna High Court CWJC No.15352 of 2015 dt.16-12-2015 the said account by the Bank in the months of February, 2014 and 2015, also to refund a sum of Rs. 82,163/- recovered towards insurance premium from the said account in the year 2014 and other similar/connected reliefs.

3. At the time of hearing, learned counsel for the petitioner, however, confines the relief sought, seeking only a direction to the Respondent No.

to dispose of its representation dated 14.07.2015.

4. Learned counsel for the respondents appears and has been heard.

5. In the above view of the matter and with consent of the parties, the writ petition is disposed of, granting liberty to the petitioner to approach the Chairman Cum Managing Director, Bank of India, Mumbai (Respondent no. 2) with a fresh representation for redressal of his grievances within a period of two weeks from today. If such a representation is filed, the same shall be considered and disposed of on its own merits in accordance with law expeditiously and preferably within six weeks from the date of the representation being filed.

6. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) Md. Ibrarul/- U