Amar Singh & ANR. v. Allahabad Bank

$~100 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11696/2023 AMAR SINGH & ANR.

.....Petitioners Through:

Ms. Upasna Shukla, Adv.

versus ALLAHABAD BANK .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 02.09.2024 CM APPL. 50346/2024 - EXMP.

1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

W.P.(C) 11696/2023, CM APPL. 50345/2024 3.

The petitioner is invoking the writ jurisdiction of this Court for issuance of appropriate directions to the respondent to abide by the orders of this Court dated 29.05.2019 in W.P. (C) 6030/2017, and thereby to honour the cheque bearing No. 198397 dated 29.09.2020 for an amount of ₹ 34,73,763/- towards payment to the petitioner. 4.

No one is present for the respondent despite advance notice. 5.

It appears that the aforesaid order was challenged in LPA No. 672/2019, and the appeal filed by the Allahabad Bank was also dismissed.

6.

The long and short of the arguments advanced by the counsel for the petitioner is that by the time the cheque in question came to be presented, belatedly due to COVID-19 pandemic period, it became The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/09/2024 at 12:31:33

stale. It is also submitted by the petitioners that in the meanwhile one of the petitioner/beneficiaries, namely, Guljhari Lal passed away on 04.06.2021. It is however submitted that the other beneficiaries of the petitioner are alive.

7.

It is submitted that the petitioners have been visiting the bank for re-issuance of the cheque, but the officials have not cared to consider their request.

8.

The present writ petition is disposed of with the direction that the instant writ petition be taken as the final representation of the petitioners by the respondents and an appropriate decision be taken within 15 days of the receipt of copy of the writ petition, after affording an opportunity of hearing to the petitioners, and a speaking order be passed.

9.

The present writ petition along with pending application stands disposed of.

10.

The next date of hearing i.e. 27.11.2024 already fixed in the matter is cancelled.

DHARMESH SHARMA, J.

SEPTEMBER 2, 2024/sm The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/09/2024 at 12:31:33