Petitioner sought return of matured Fixed Deposits and payment of half the amount from Canara Bank. Court directed petitioner to make fresh representation to the Bank within 15 days for expeditious disposal.
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Court No. - 32
Case :- WRIT - C No. - 23678 of 2019 Petitioner :- Naryan Prakash Mata Respondent :- Regional Manager Regional Office Canara Bank And 3 Others Counsel for Petitioner :- Pramod Pathak Counsel for Respondent :- Krishna Mohan Asthana
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
The writ petition, inter alia, has been filed for the following reliefs :-
"(i) issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to return the F.D.R. to the petitioner which are matured long ago.
(ii) issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to pay half of the amount of matured F.D.R. to the petitioner.
(iii) issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the representation dated 22.10.2018, made by the petitioner."
Heard learned counsel for the parties and perused the record.
Learned counsel for the petitioner submits that petitioner has opened the account under the F.D.R. Scheme of Canara Bank and deposited the huge amount. He further submits that petitioner has made an application dated 22.10.2018 stating therein that some dues are pending which has to be paid to the Bank and requested the Bank to adjust the same from his two FDRs' account and return the remaining eight FDRs to him. Thereafter, the Bank has adjusted towards the amount due from the petitioner's two FDRs but inspite of lapse of considerable time, the Bank has not returned the remaining eight FDRs to the petitioner.
Considering the facts and circumstances of the case and without expressing any opinion on merits of the case, petitioner is directed to make a fresh representation before respondent No.2, Chief Branch Manager, Canara Bank, Branch Bans Phatak, Varanasi, within a period of 15 days, ventilating his grievances along with the certified copy of this order enclosing therewith a copy of the writ petition along with its annexures and, if any such representation/objection is made, the said authority shall make all endeavour to consider and decide the same by a speaking order after considering the representation of the
petitioner, in accordance with law, expeditiously preferably within 30 days from the date of receipt of the said representation after giving an opportunity of hearing to the petitioner.
With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 23.7.2019/Rishabh
1 issue framed by the court
Whether the High Court should direct the bank to return matured Fixed Deposits and pay half the amount without expressing opinion on merits.
Naryan Prakash Mata
Regional Manager Regional Office Canara Bank
Respondent No. 3
Respondent No. 4
Shashi Kant Gupta
Saurabh Shyam Shamshery
As recorded by the court registry
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