Disposed

Viswanath.P.a v. The Manager

Madras HC22 Nov 2024WP(MD)/2279/2024

Case brief

AI extract

What is this about?

Petitioner claimed to be elected Secretary of an Association with fixed deposits in the respondent bank; bank refused redemption citing pending civil suit O.S.No.285 of 2021 and interim injunction. Court directed petitioner to substantiate claim before the civil court and disposed of the writ petition.

What did the court decide?

Writ petition disposed of directing petitioner to substantiate his claim before the jurisdictional Civil Court in the pending suit; no costs.

Viswanath.P.a Vs The Manager — Banking and Recovery | Madras HC (2024)

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W.P.(MD)No.2279 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 22.11.2024

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CORAM

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THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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W.P(MD)No.2279 of 2024

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Er.P.A.Viswanath ... Petitioner

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Vs.

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The Manager, State Bank of India, Thillai Nagar Branch, C-142, Jayashree Towers, 6^th Cross, Thillainagar East, Trichirappalli.

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... Respondent

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned letter issued by the respondent dated 18.08.2023 and set aside the same as illegal.

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For Petitioner : Mr.K.Sivabalan For Respondent : Mr.S.Anwar Sameem

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ORDER

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The impugned order has been issued by the respondent dated 18.08.2023, intimating the petitioner that in view of the pendency of civil suit in O.S.No.285 of 2021 filed by one Sakthivel against K.Sukumar and 16 others on the file of the learned District Munsif, Tiruchirappalli and since the matter is sub judice, the Society cannot be permitted to redeem the fixed deposits, directing the respondent Society to approach the appropriate Court

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.2279 of 2024

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for obtaining necessary direction in this regard. Challenging the same, this Writ Petition came to be filed.

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2.Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the respondent and carefully perused the entire materials available on record.

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3.The petitioner claims to be elected Secretary of Civil Engineer's Association of Trichy, claiming that a total amount of Rs.1,910,163/- is with the respondent bank in the form of Fixed Deposit. In view of current account of the Association bearing No.624292048404, the learned counsel for the petitioner insisted that the Secretary of the Association should be permitted to operate the bank account and redeem the fixed deposit.

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4.Based on the counter affidavit, the learned Standing Counsel for the respondent Bank submitted that a total amount of Rs.19,52,969/- is in the fixed deposits of the Association, which is maintained in eight fixed deposit accounts. The person who has filed this Writ Petition though claiming as Secretary has never ever submitted form 6 or form 7 to substantiate his claim. That apart, the matter is already sub judice and in this regard, a civil suit is pending before the learned District Musnif, Trichy in O.S.No.285 of 2021. The plaintiff in the aforesaid pending suit, has filed an interim application restraining the bank from allowing the defendants

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.2279 of 2024

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therein from operating the bank accounts pertaining to the Association and the same is pending.

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5.Recording the said submission and in view of the pending civil suit before the learned District Munsif, Trichy, the petitioner is hereby directed to substantiate the matter before the jurisdictional Civil Court in the pending suit. This Writ Petition is disposed of accordingly. There shall be no order as to costs.

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22.11.2024

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NCC : Yes/No Index : Yes / No Internet : Yes/ No Mrn

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The Manager, State Bank of India, Thillai Nagar Branch, C-142, Jayashree Towers, 6^th Cross, Thillainagar East, Trichirappalli.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.2279 of 2024

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L.VICTORIA GOWRI, J.

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Mrn

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W.P(MD)No.2279 of 2024

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22.11.2024

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Viswanath.P.a v. The Manager

Case brief

What is this about?

What did the court decide?

Viswanath.P.a v. The Manager

Case brief

What is this about?

What did the court decide?

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