Jalal Mohamed Khaleelur v. The Chief Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.10.2021 CORAM :
THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM W.P.No.12024 of 2012 Jalal Mohamed Khaleelur Rahman Alaal Aulad Trust, Represented by Trustee Muthavalli, Jalal Sayudeer Rahman, having office at Abeef Emperor Apartments, 145/2, 1B (1st Floor) Purasawalkam, Chennai - 600 010. ... Petitioner Vs.
1.The Chief Manager, Canara Bank, Vadapalani Branch, No.1, Sannathi Street, Vadapalani, Chennai - 600 026.
2.The Assistant General Manager, Canara Bank, Recovery & Legal Section, 563/1, Anna Salai, Opp. to DMS Office, Chennai - 600 018.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent Canara Bank, Vadapalani Branch, Chennai to consider the petitioner's representation dated 11.1.2012 and consequently direct the 1st respondent Canara Bank to credit the sum of Rs.4,42,092/- along with interest @ 18% p.a. for the delayed period or such other sum as this Honourable Court may be pleased to fix to the credit of petitioner's trust A/c. No.0934101020063 within a period as this Honourable court may be pleased to fix.
For Petitioner : Mr.C.Rajan For R1 and R2 : Mr.S.Parthasarathy
O R D E R
(Through Video Conferencing) The relief sought for in the present writ petition is to consider the petitioner's representation, dated 11.01.2012, and to direct the 1st respondent/Canara Bank to credit a sum of Rs.4,42,092/- along with interest @ 18% p.a. for the delayed period or such other sum as this Court may be pleased to fix, to the credit of petitioner's Trust Account.
2.The grievance of the writ petitioner is that the interest rate calculated by the respondent Bank is not in consonance with the RBI Regulations. There were variations and due to such variations, the petitioner sustained financial loss, more specifically, in interest.
3.The learned counsel appearing on behalf of the respondent Bank disputed the said contention by stating that, interest for Fixed Deposits vary from time to time as per the Regulations. Therefore, the interest is being calculated as applicable as on that date and accordingly, paid to the petitioner. Thus, there is no infirmity as such in calculation of interest. 4.Allegations regarding variation in the interest cannot be adjudicated in a writ proceedings. Such disputed facts are to be adjudicated with reference to the evidence and documents made available. It is made clear that interest rate vary from to time. If at all, the interest applicable in a particular period has not been correctly calculated, it is for the petitioner to approach the competent authority or the competent forum for the purpose of resolving the issues. However, the High Court cannot conduct such an elaborate adjudication of disputed facts in a writ proceedings, as the power of judicial review cannot be extended.
5.This being the factum, the petitioner is at liberty to approach the competent higher authorities of the Bank or the competent forum for redressal of their grievance in the manner known to law.
Accordingly, this writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar
mkn To 1.The Chief Manager, Canara Bank, Vadapalani Branch, No.1, Sannathi Street, Vadapalani, Chennai - 600 026.
2.The Assistant General Manager, Canara Bank, Recovery & Legal Section, 563/1, Anna Salai, Opp. to DMS Office, Chennai - 600 018.
+1cc to M/s.C.Rajan, Advocate Sr.51509 W.P.No.12024 of 2012 skm[co] srg 28/10/2021