Kazi Asgar Ali v. The Branch Manager, Indian Bank And ORS.

D/L 66 21.07.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 10009 of 2025 Kazi Asgar Ali Vs.

The Branch Manager, Indian Bank (Allahabad Bank) & Ors.

Mr. Kishore Sharma ... for the Petitioner.

1. Affidavits of service filed in Court today are taken on record.

2. The petitioner and the private respondent no. 2 are the joint account holders of certain fixed deposits with the respondent no. 1/bank.

3. The petitioner intends to withdraw the money from the fixed deposit account. The bank is not permitting the same as one of the joint account holders is not agreeable and willing to withdraw the amount.

4. It appears that there is a private dispute between the petitioner/father and the private respondent/son.

5. The dispute between the father and son is absolutely private in nature. The subject fixed deposit account was opened with the instruction to operate the same jointly.

6. It will be improper to direct the bank to change the instruction for operation of the account on the unilateral submission of one of the account holders.

7. It will be open for the petitioner to approach the competent forum for remedy of his grievances, if so advised.

8. No relief can be granted to the petitioner in the instant writ petition. The writ petition fails and is hereby dismissed.

9. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all the requisite formalities.

(Amrita Sinha, J.)