Rabin Majhi v. The Union Of India And ORS.

26.02.2025 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 24616 of 2024 Rabin Majhi -versus The Union of India & Ors.

Mr. Anand Keshari, Mr. Sekhar Mukherjee, Mr. Anindya Chowdhury, Mr. Subhajit Mukherjee.

...For the Petitioner.

Ms. Suchishmita Ghosh, Mr. Maloy Kumar Seal.

...For RBI.

Mr. Sayak Ranjan Ganguly, Ms. Srijani Ghosh, Ms. Indrani Majumdar.

...For the Respondent Nos. 5 and 6.

Ms. Pinki Chakraborty.

...For the Respondent Nos. 7 and 8.

1.

Affidavit-in-opposition filed on behalf of the respondent nos. 2, 3 and 4 and affidavit-in-reply thereto in Court today are taken on record.

2.

Heard submissions made on behalf of the State Bank of India and the Finance Company.

3.

It appears that the finance company has a claim in respect of the awarded amount of Rs.2,12,067/-. The finance company submits that including the interest component, the claim of the company would be around of Rs.2,54,371/-.

4.

None of the parties have any objection if the balance amount in the account of the petitioner is permitted to be de-freezed. The petitioner is receiving

his superannuation benefits in the said account. He is unable to use the money in his account because of the instruction given by the authorized officer of the financial institution to the State Bank of India. 5.

The financial institution does not have any claim with regard to any other money which is not covered in the award.

6.

In view of the above, the Branch Manager, of the State Bank of India, Kajera Gram Branch is directed to permit the petitioner to operate his Bank Account by maintaining a lien over Rs.2,75,000/- only. Barring the aforesaid amount the petitioner will be entitled to use the balance amount.

7.

The writ petition stands disposed of.

8.

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

( Amrita Sinha, J.)