Rizwan Abdul Hamid Shaikh Nominee Of Late Abdul Hamid Dawood Shaikh v. The Banking Ombudsman , Mumbai And ORS

Y.S.Patil 56-WP-2060-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2060 OF 2019 Rizwan Abdul Hamid Shaikh .. Petitioner

Versus

Banking Ombudsman and Ors.

.. Respondents Mr. Jitendra Gaikwad for the Petitioner.

Mr. Nikhil Rayani a/w Ms. Jyoti Sanap i/b V. Deshpande and Co. for the Respondent no.4 CORAM: S. V. GANGAPURWALA & R.N.LADDHA, JJ.

DATE : 14th SEPTEMBER, 2022 P.C. :- 1.

Learned counsel for respondent nos. 3 and 4 submits that respondent no. 3-Bank has received NOC dated 05.05.2019 from respondent no. 5 confirming that they have no claim against Demand Draft No. 927478 dated 04.08.2011 amounting to Rs. 7,50,000/- of the account of Abdul Hamid Dawood Shaikh. The petitioner is nominee of said Abdul Hamid Dawood Shaikh 2.

Learned counsel for respondent no. 3 submits that in view of said NOC, respondent no. 3-Bank, discharges its lien on DD No. 927478 issued in favour of respondent no. 5. 3.

The lien as such stands discharged on the saving bank 1/2

Y.S.Patil 56-WP-2060-2019.doc account bearing no. 02911100009683 which is standing in the name of the petitioner.

4.

The petitioner shall be entitled for the interest on the amount in the saving bank account which was under lien as per the norms applicable.

5.

The dispute amongst the parties as such stands settled. YUGANDHARA SHARAD PATIL 6.

The writ petition is disposed of. No costs.

YUGANDHARA SHARAD PATIL Date: 2022.09.19 12:15:20 +0530 (R.N.LADDHA J.) (S. V. GANGAPURWALA, J.) 2/2