Viquar Brothers - A Proprietory Concern v. The Branch Manager

HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No.4804 OF 2019 ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed by the petitioners seeking the following relief: "It is therefore prayed that this Hon'ble Court may be pleased to issue writ, order or direction more particularly one in the nature of writ of MANDAMUS, in refusing to close the A/c.No.52082300831 and disposing petitioner application dt.31-01-2019 by returning petitioner amount of Rs.2,20,296/- credited to petitioner above account as malafide, ultra vires, arbitrary, illegal, nonest, in the interest of justice and pass such other order or orders as this Hon'ble Court may deems fit and proper in the circumstances of the case."

2.

Heard Sri Mir Masood Khan, learned counsel for the petitioners and Sri Vikram Ragi, learned Standing Counsel for respondents 1 & 2.

3.

It is the case of the petitioners that both the petitioners along with the Brothers Enterprises have opened an Account and deposited some moneys and now since they are intending to close the Account and seeking to return the amounts deposited with the bank, the respondent Bank was not inclined to consider their request. Aggrieved thereby, this writ petition is filed. 4.

The only objection that in the event the Brothers Enterprises approaches the respondent Bank holding the bank accountable once the amounts are released, the bank will be in trouble. 5.

Hence, this Writ Petition is disposed of with a direction that the petitioners along with Brothers Enterprises shall produce the relevant documents including a No Objection letter or an affidavit,

TA, J W.P.No.4804 of 2019 as required by the respondent bank to their satisfaction, and on receipt of such documents, the respondent Bank shall comply with the required formalities of closing the account and returning the deposits to the petitioners.

There shall be no order as to costs.

Miscellaneous Petitions, if any pending, shall stand closed. _________________________ T.AMARNATH GOUD, J Date: 22nd April, 2019 Note: Issue C.C. today.

(B/o.) KL

TA, J W.P.No.4804 of 2019 HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No.4804 OF 2019 Date: 22nd April, 2019 KL