Mangnoo Jha v. The Punjab National Bank And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17602 of 2009 =========================================================== Mangnoo Jha, S/O Shri Upendra Jha, Permanent resident of village- Bijalpura, P.O-Loha, P.S- Arer, Distt- Madhubani .... .... Petitioner

Versus

1. The Punjab National Bank through its chairman, Head Office, Street 7, Bhikaji Cama Place New Delhi 110066

2. Punjab National Bank, Through Branch Manager, Jainagar Branch Punjab National Bank, P.S & P.O- Jainagar, District - Madhubani

3. The Branch Manager, Jainagar Branch, Punjab National Bank, P.S & P.OJainagar, District - Madhubani .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Binod Kumar Singh Ms. Vagisha Pragya Vacaknavi, Advocates For the Respondents : Mr. Kumar Priya Ranjan, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 10-05-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondent-Bank.

2. The present writ petition has been filed for a direction to the respondent-Bank to make payment of principal amount along with up-to-date interest and also compensation for deliberate delay in making payment of money deposited in Multi Benefit Deposit Scheme of Punjab National Bank at its Jayanagar Branch, Madhubani.

3. Learned counsel for the petitioner submits that certain deposits in Multi Benefit Deposit Scheme were made by the petitioner in the year 1996, 1997 and 1998 (Annexure-1 series) but even after request for repayment of the encashment proceeds on

Patna High Court CWJC No.17602 of 2009 dt.10-05-2018 2/2 maturity being made, the respondent-Bank denied repayment. It is submitted that the Bank was duty bound to repay the amount of deposits with interest which it has failed to do.

4. Learned counsel for the respondent-Bank submits that repayment has been denied on the ground that the petitioner, who was Assistant Manager in the Bank posted at Branch Office, Vidhan Sabha Marg Branch and Mahanagar Branch, Lucknow, had committed fraud to the tune of Rs. 63,00,000/-, leading to his dismissal, which matter is pending before the High Court of Judicature Allahabad, Lucknow Bench in W.P. No. 1422 (S/B) of 2014.

5. Learned counsel for the respondent-Bank further makes statement at the Bar that in the event that the petitioner finally succeeds before the Courts, the Bank would be duty bound to repay the proceeds of the Fixed Deposits together with interest in accordance with the banking guidelines and regulations.

6. Having regard to the statements made on behalf of the respondent Bank, the writ petition stands disposed. B.T/Chandran (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 25.05.2018 Transmission Date N.A.