Shanthi v. The Branch Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Shanthi ... Petitioner Vs The Branch Manager, State Bank of India, Lingampatti Branch, Kadalaiyur Road, Kovilpatti Taluk, Thoothukudi District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to defreeze the joint account with the Petitioner's husband in Saving Bank Number account 31674448105 and the Petitioner's husband's DSP account in Account No. 20046436320 within stipulated time.

For Petitioner : Mr.T.A.Ebenezer For Respondent : Mr.G.Radhakrishnan Standing Counsel 1/4

ORDER

Heard the learned counsel on either side.

2. The petitioner is having two accounts in the respondent Bank. They have been frozen. That led to filing of this writ petition.

3. When the matter was taken up for hearing, the learned Standing Counsel appearing for the Bank submitted that the petitioner owes to pay nearly a sum of Rs.5,00,000/- (Rupees Five Lakhs only). The learned counsel appearing for the petitioner submitted that the Bank can as well appropriate the amount what is due from the petitioner and allow the petitioner to operate the Bank accounts. The respondent has no objection to adopt the said course of action.

4. I therefore direct the respondent to defreeze the accounts in question and permit the petitioner to operate the same subject to the aforesaid appropriation. This writ petition is allowed on these terms. There shall be no order as to costs.

22.12.2022 Index : Yes / No Internet : Yes/ No MGA 2/4

To The Branch Manager, State Bank of India, Lingampatti Branch, Kadalaiyur Road, Kovilpatti Taluk, Thoothukudi District 3/4

G.R.SWAMINATHAN, J.

MGA 22.12.2022 4/4