Writ petition seeking direction to release matured Fixed Deposit Receipt amount with interest disposed of. Court noted bank's willingness to pay ₹42,000. Any grievance regarding interest rate was kept open for appropriate legal remedy.
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wp9887.10
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 9887 OF 2010 M/S NAMDHARI ENGINEERING CONSTRUCTION COMPANY THROUGH ITS SOLE PROPRIETOR VERSUS
THE UNION OF INDIA AND ORS
Mr.J.N. Singh, Advocate for the petitioner.
Mr.S.B. Deshpande, ASG for respondent/Union of India.
Mr.M.P. Pokale, Advocate for respondent No.4.
CORAM |
:S.S.SHINDE & |
|---|---|
S.M.GAVHANE,JJ. |
|
DATED |
:26.03.2018 |
P.C. :-
1. This petition is filed with following prayers :-
“[b]The Hon’ble Court may be pleased to hold and
declare that the actions of respondent Nos.2 to 4
in withholding F.D.R. amount of the petitioner with
interest which is matured on 02.08.2010 is illegal,
unconstitutional and offending the legal as well as
constitutional rights of the petitioner.
[c]By issuing writ of mandamus or any appropriate
writ or direction in the nature of writ of
mandamus, the Hon’ble Court may be pleased to
direct the respondents, especially respondent Nos.2
to 4 to release the F.D.R. amount with interest
bearing F.D.R.No. KD/01/001319 for Rs.31,962/- in
the interest of justice.”
2.At the outset, learned Counsel appearing for
respondent/bank, on instructions of Mr.P. Srinath Reddy s/o.
Mr. P. Ananth Reddy, who is working as Branch Manager of
respondent No.4 – Canara Bank, Subhash Road Branch, Beed that
respondent No.4/Bank is ready to release/give approx
Rs.42,000/- (Approx. Rupees Forty Two Thousand) as against
the Fixed Deposit Receipt No. KD/01/001319 dated 05.09.2008
(page No.30 of the petition).
3.Learned Counsel for the petitioner has some
grievance about rate of interest. Learned Counsel for the
petitioner on instructions makes statement that the
petitioner will visit the concerned Branch in between
02.04.2018 and 10.04.2018 for collecting the aforesaid
amount.
4.In that view of the matter, if the petitioner is
not satisfied with the rate of interest applied in his case
while calculating aforesaid amount, in that case it may be
open for the petitioner to avail of an appropriate remedy as
available in law for his such grievance.
5.With the above observations, the writ petition
stands disposed of.
6.Parties to act upon authenticated copy of this
order.
[S.M.GAVHANE,J.]
[S.S.SHINDE,J.]
snk/2018/MAR18/ wp9887.10
M/s Namdhari Engineering Construction Company
The Union of India
Respondent No.2
Respondent No.3
Canara Bank
S.S. Shinde
S.M. Gavhane
As recorded by the court registry
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