Partly allowed

Rani Naik v. Somanath Swain

Orissa HC20 Dec 2023WP(C)/40847/2023

Case brief

AI extract

What is this about?

Writ petition against a partial approval of a fixed deposit withdrawal application. The petitioner sought full withdrawal for her daughter's marriage expenses. The High Court directed the lower court to order the bank to release the remaining balance of the fixed deposit within a week.

What did the court decide?

Direction to the Court below to pass an order directing the Bank to release the remaining balance of the fixed deposit along with accrued interest to the Petitioner.

Rani Naik Vs Somanath Swain — Property and Title | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) No.40847 of 2023

¶3

Rani Naik

¶4

Petitioner

¶5

Mr. P.K. Nayak, Advocate

¶6

Vs.

¶7

Somanath Swain and others

¶8

….. Opposite Parties

¶9

CORAM: JUSTICE SANJAY KUMAR MISHRA

¶10

ORDER

¶11

20.12.2023

¶12

Order No. The matter is taken up through hybrid mode.

¶13

¶14

This Writ Petition has been preferred against the order dated 06.12.2023 passed in M.A.C. No.350 of 2015, vide which the Court below allowed the Petition of the Petitioner partly, who is one of the claimants before the Court, permitting her to withdraw Rs.50,000/- only, out of the fixed deposit of Rs.2,36,007/- kept in fixed deposit in her name with the Punjab National Bank, Rourkela Branch, Rourkela. The Petitioner moved the said application before the Court below for release of the premature withdrawal of the entire deposited amount of Rs.2,36,007/- on the ground of marriage of her daughter, which had been fixed to 15.12.2023. Though the application was moved on 20.11.2023, ultimately, the same was disposed of on 06.12.2023 allowing the same partly without assigning any cogent reason to do so.

¶15

Learned Counsel for the Petitioners submits, though the Writ Petition was presented on 13.12.2023 and the matter got listed on 15.12.2023, the same could not be moved as this Court did not function on the said date. He further submits, though the marriage has been solemnized in the meantime, but the Petitioner has incurred hand loan to solemnize the marriage of her daughter on the date fixed.

¶16

Page 1 of 2

¶17

Learned Counsel for the Petitioner further submits, in terms of the said order dated 06.12.2023 passed by the Court below, his client has already received Rs.50,000/-, out of the fixed amount of Rs.2,36,007/-. Accordingly, he prays for a direction to the Court below to pass appropriate order and communicate the same to the concerned Branch Manager of the Bank to release the rest amount along with accrued interest thereon at the earliest, thereby enabling the Petitioner to repay the hand loan incurred by her to meet the marriage expenditure of her daughter.

¶18

In view of such submission made by the learned Counsel for the Petitioner so also averments made in the Petition, the Writ Petition stands disposed of with an observation that the Court below shall do well to pass appropriate order in MAC No.350 of 2015 within a week from the date of production of the certified copy of this order directing the Branch Manager of the concerned Bank to release the rest amount of fixed deposit made in favour of the Petitioner with accrued interest thereon till the date of release of the said amount. On being so communicated, the Branch Manager, Punjab National Bank, Rourkela (Opposite Party No.3) shall do well to disburse the said amount in favour of the Petitioner within two weeks thereaafter. The entire exercise shall be completed within four weeks from the date of production of the certified copy of this order before the Court below.

¶19

Urgent certified copy of this order be granted on proper application as per rules.

¶20

Signature Not Verified

¶21

Digitally Signed Signed by: PADMA CHARAN DASH Designation: Personal Assistant Reason: Authentication padma Location: ORISSA HIGH COURT, CUT TACK Date: 23-Dec-2023 19:35:04

¶22

(S.K. MISHRA) JUDGE

¶23

Page 2 of 2

Rani Naik v. Somanath Swain

Case brief

What is this about?

What did the court decide?

Rani Naik v. Somanath Swain

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Land Acquisition Zone Officer, Zone Iii, Rengali Right Canal System Vs Santosh Kumar Rath

Kishore Ch.Panda Vs State of Orissa

Budheswara Self Help Group, Puri Vs State of Odisha

Jani Senapati Vs Land Acquisition Zone Officer.

E.S.I. Vs Bansidhar

State Vs Dukhabandhu Sahu