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Calcutta High CourtWPA/17913/2022disposed

Sourav Agarwal v. Punjab National Bank And ANR..

2022-11-15Hon'Ble Justice Moushumi Bhattacharya2 pages

15.11.2022 Ct. 5 D/L 13 ab WPA 17913 of 2022 Sourav Agarwal -VsPunjab National Bank & Ors.

Mr. Akash Munshi, Mr. Lalit Baid, Ms. S. Saha .... for the petitioner Ms. Priyanka Agarwal, Ms. Vedika Sureka ... for the respondent no. 3/added respondent The added respondent, being the wife of the petitioner, is represented today.

Learned counsel appearing for the added respondent submits that the petitioner and the added respondent/wife are estranged as on date and the petitioner's wife lives in the petitioner's house with her in-laws. Counsel also disputes that the petitioner's two minor children live with the petitioner.

Learned counsel appearing for the petitioner points out that the petitioner has the sole right in respect of operating only two of the five accounts mentioned in the writ petition.

The writ petition, even on a cursory glance, suffers from non-disclosure of certain material facts. It

has not been disclosed that the petitioner cannot claim exclusive right of operation of all the five accounts mentioned in paragraph 3 of the writ petition. The other relevant factual detail with regard to two of the five accounts, not being in the name of the petitioner but in the name of two minor sons has not been clearly spelt out to the Court on the last few occasions.

WPA 17913 of 2022 is accordingly disposed of with a direction on the respondent Bank to allow the petitioner to operate the 1st and the 4th account mentioned in paragraph 3 of the writ petition on an exclusive basis without any interruption from any person/authority. The embargo on the petitioner's operating the two accounts in the name of the two minor sons shall remain.

(Moushumi Bhattacharya, J.)