The court held the writ petition regarding a contractual dispute with a bank to be non-maintainable as the remedy lies before an appropriate civil forum, despite the petitioner having received keys and completion certificates.
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W.P.(C) No. 2822 of 2020
05 01.07.2020
The matter is taken up through video conferencing. Heard Mr. B.B. Mishra, learned counsel for the petitioner.
The petitioner has filed this writ petition seeking direction to the opposite parties to pay house rent for the period of occupation of the house from 28.11.2017 to 21.12.2019 after unilateral cancellation of agreement and pay the cost of repairing of the house as per estimate of the Civil & Electrical Engineer under Annexure-10. As such, the petitioner challenges the cancellation of agreement executed between the parties.
Mr. B.B. Mishra, learned counsel for the petitioner contended that pursuant to agreement, the house of the petitioner was given to the bank on rent basis, but the same was vacated unilaterally without giving any notice to the petitioner. As such, the petitioner claims house rent for the period of occupation of the house from 28.11.2017 to 21.12.2019. It is further contended that the petitioner had approached this Court earlier by filing W.P.(C) No.24021 of 2017 and this Court disposed of the same on the statement made by the officers of the Bank, vide order dated 14.12.2019, that since the keys of the building were available with the Bank authorities, the petitioner would appear before the Manager, State Bank of India, Kendrapara on 17.12.2019 and in the event of which the keys of the building of the petitioner would be handed over to him and it would be received with proper endorsement. The petitioner was supplied with the work completion certificate by the bank authorities and he was free to verify whether all the works
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mentioned in the completion certificate was completed or not.
The writ petition was filed on 22.01.2020 and when the matter was listed on 14.02.2020, learned counsel for the petitioner sought adjournment and accordingly, the matter was directed to be listed on 20.02.2020. But on that date learned counsel for the petitioner again sought adjournment and on his prayer the matter was directed to be listed on 05.03.2020. On 05.03.2020, this Court directed learned counsel for the petitioner to satisfy this Court about the maintainability of the writ petition.
Since the dispute arises from an agreement executed between the petitioner and the opposite-bank, and if any deviation thereof, the petitioner has remedy to approach the appropriate forum ventilating his grievances. Instead of approaching the appropriate forum, he could not have approached this Court directly. More so, if the petitioner has been handed over the keys of the building and has been supplied with the work completion certificate by the bank authorities, that itself cannot create jurisdiction of this Court to entertain this writ petition. Therefore, this Court is of the prima facie view that the writ petition is not maintainable.
In that view of the matter, this Court is not inclined to entertain this writ petition. However, liberty is granted to the petitioner to approach the appropriate forum ventilating his grievances.
With the above observation, the writ petition stands disposed of.
…………….…………… (DR. B.R. SARANGI) JUDGE
Alok
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Alok
2 issues framed by the court
Whether the writ petition is maintainable against a banking dispute arising from a contractual agreement which has a specific civil forum.
Whether the handing over of keys and supply of completion certificate creates jurisdiction for this Court to entertain the writ petition.
Petitioner
Bank
DR. B.R. SARANGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
