Writ petition filed seeking writ of mandamus to allow petitioners to operate a trust bank account. Court held the matter requires evidence recording in a Civil Court.
withdrawal of writ petition with liberty to institute suit.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2019
CORAM
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P. No. 26397 of 2019
Mena Kana Annanchathiram, Represented by its President, AL. AN. Venkatachalam, No. 2, Nandavanam Street, Kottaiyur - 630 106, Karaikudi Taluk, Sivagangai District. ... Petitioner -vs1. Indian Bank, Represented by Branch Manager, Thiruvannamalai Branch, No. 19, Ayyankulam Street, Thiruvannamalai - 606 001. 2. The Regional Manager, Indian Bank, Regional Office, Vellore Main Road, Thiruvannamalai - 606 604. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to allow the Petitioner through its office bearers namely M/s. AL. AN. Venkatachalam, AR. Muthiah and N. Vijay Chidambaram who have been nominated as per the Resolution dated 23.12.2018 to operate the account bearing A/c. No. 6522355458 maintained by the Petitioner Trust in the First Respondent Bank.
For Petitioner : Mr. N.R.R. Arun Natarajan For Respondents : Mr. Jeyesh B. Dolia for M/s. Aiyar & Dolia
O R D E R
When it is pointed out that the nature of grievance sought to be ventilated by the Petitioner in the Writ Petition, which require to be decided after recording of evidence of the parties on their rival contentions, could not be redressed by invoking the public law remedy following summary procedure under Article 226 of the Constitution, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to institute suit impleading necessary parties before the jurisdictional Civil Court for effectual and complete adjudication of the matter and he has made an endorsement to that effect, which is recorded.
1 issue framed by the court
Whether a writ petition concerning the operation of a trust bank account requires a full trial on evidence rather than summary procedure under Article 226.
1 provisions across 1 enactments
Mena Kana Annanchathiram
Indian Bank
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
