Calcutta High CourtWPA/11721/2019disposed

Anju Banerjee v. The Senior Manager, Bank Of India & ORS

2022-07-12Hon'Ble Justice Arindam Mukherjee2 pages

12.07.2022 Ct. No.23 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 11721 of 2019 Anju Banerjee Vs.

The Senior Manager, Bank of India & Ors.

Ms. Paromita Jati ... For the petitioner Ms. Niharika Singh Ms. Supriya Singh Mr. Ashok Kumar Singh ... For the respondents no.1 to 3 Mr. Dipankar Dandapath ... For the respondent no.5 On behalf of the respondents no.1, 2 and 3, a revised computation sheet has been made over to the Court which is taken on record. It appears from such revised calculation sheet that a sum of Rs.45,508/- was due and payable to the petitioner which has been paid on 13th June, 2022. The payment of this sum is admitted by the petitioner.

The only issue left to be decided is interest payable to the petitioner on the said sum of Rs.45,508/-. It appears from the record that a sum of Rs.45,672/- was withdrawn from the petitioner's account on 16th February, 2018 towards recovery of the some alleged dues and/or over payment. Although the said figure does not exactly match with the figure arrived at on revised calculation but

is very close thereof. It is, therefor, apparent that the deduction was made either in an unauthorised manner or due to some erroneous computation.

Be that as it may, without going into the authority and reasons for the deduction, I think justice will be subserved if I direct the respondents no.1, 2 and 3 to pay interest on the said sum of Rs.45,508/- from 16th February, 2018 to 12th June, 2022 at the rate of six per cent per annum. The interest shall be paid and/or credited to the account of the petitioner within a period of a fortnight from date, failing which the interest rate will increase to eight per cent per annum.

The parties, including the respondent Bank, shall act on the basis of a server copy of this order duly downloaded from the official website of this Court without insisting upon production of a certified copy thereof. Nothing further remains to be adjudicated in this writ petition. The same is disposed of accordingly without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Arindam Mukherjee, J.)