Dismissed

Shiv Kumari v. State of U.P. and 3 Others

Allahabad HC22 Jan 2021WRIC/1545/2021

Case brief

AI extract

What is this about?

The petitioner sought bank account redemption against the State and Zila Sahakari Bank. The Court found her account belonged to the Tisouli Kisan Sewa Sahkari Samiti, which was not a respondent. The writ was dismissed with direction to pursue the alternative remedy under Section 70 of the U.P. Cooperative Societies Act.

What did the court decide?

To take recourse to the remedy available under Section 70 of the U.P. Cooperative Societies Act against the Society concerned.

Shiv Kumari Vs State of U.P. and 3 Others — Banking and Recovery | Allahabad HC (2021)

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Court No. - 39

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Case :- WRIT - C No. - 1545 of 2021

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Petitioner :- Shiv Kumari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Charan Singh Counsel for Respondent :- C.S.C.,Udai Bhanu Singh

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Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.

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Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos.1,2 & 4 and Shri U.B. Singh, learned counsel for the respondent no.3.

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The instant petition has been filed seeking following relief:

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"i) Issue a writ, order or direction in the nature of mandamus directing the respondent nos.3 & 4 to make the whole amounts of the petitioner including interest @ 9.75% per annum and paid the petitioner as soon as possible;

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ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to take necessary action against the respondent no.3 and to pay whole amount of the petitioner including interest till today;

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iii) Issue a writ, order or direction in the nature of mandamus directing the respondents to decide the representation of petitioner dated 12.9.2018 within stipulated period which is pending before them (Annexure-2 to this writ petition)."

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It is the case of the petitioner that the petitioner has deposited certain amount by opening an account in Zila Sahakari Bank Ltd., Jaunpur, Branch Tisauli, District Jaunpur. The petitioner was assured by the aforesaid bank that she will be given benefit along with interest 7.5% but till date the respondent bank has not given any money. Hence the petitioner approached this Court to direct the respondent no.3 to release the amount deposited by her.

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Sri U.B. Singh, on the basis of instructions, has contended that the petitioner does not have any account with the aforesaid respondent bank but has an account with the Tisouli Kisan Sewa Sahkari Samiti Ltd., Jaunpur, the passbook of which has been annexed as Annexure-1 to the writ petition, however, Tisouli Kisan Sewa Sahkari Samiti Ltd., Jaunpur has not been made as respondent. It is further contended that in fact the Samiti is not releasing the amount deposited by the petitioner

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It is further contended that in case the petitioner has any grievance, she has an alternative remedy under Section 70 of the U.P. Cooperative Societies Act to initiate proceeding against the Samiti.

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From the perusal of the photocopy of the account of the petitioner which is annexed as Annexure-1 to the writ petition, it transpires that it relates to an account maintained with the Tisouli Kisan Sewa Sahkari Samiti Ltd., Jaunpur and not with the respondent no.3-Zila Sahakari Bank Ltd.,

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Jaunpur, Branch Tisauli, District Jaunpur.

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In this view of the matter, the writ petition is disposed of with the direction to the petitioner to take recourse to the remedy available to her against the Society concerned in accordance with law.

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Order Date :- 22.1.2021 M. Tariq

Shiv Kumari v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Shiv Kumari v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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