Petitioner sought interest on a loan subsidy of Rs. 60,000 delayed by respondent Bank. Midway unopposed, Court directed Bank to credit earned interest within four weeks following internal instruction.
Direct respondent no. 6 to credit the interest subsidy amount earned between 24.03.2009 and 08.06.2011, if not already credited, within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4323 of 2013
=========================================================== Bashishth Kumar, son of Ramdeo Prasad Singh, resident of village/P.O.- Kolhata, Punsia, District- Banka.
.... .... Petitioner/s Versus
.... .... Respondent/s
=========================================================== Appearance :
For the Petitioner/s : Mr. Jai Shankar Prasad For the Respondent/s : Mr. G.P. Ojha
Mrs. Namrata Mishra
=========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT
Date: 18-01-2016
Heard the Counsel for the petitioner and the respondent Bank. In spite of indulgence granted, no counter affidavit has been filed.
The writ application seeks a direction upon the respondent Bank to pay interest over the subsidy amount in the sum of Rs. 60,000/- to which the petitioner was entitled. The subsidy amount having been disbursed in favour of the Bank on 25.03.2009 was not credited in the loan account of the petitioner.
Petitioner purchased power tiller on sanction of loan in
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the sum of Rs. one lac by the respondent Bank. Rs. 60,000/- was the subsidy component of the loan. It has been stated that the subsidy amount in the sum of Rs. 60,000/- was made available to the Bank on 25.3.2009 but the same was not credited immediately in the loan account of the petitioner. The respondent Bank acting indolently credited the said subsidy amount in the loan account of the petitioner on 8.6.2011. In support of his contention, he has referred to the informations supplied by the Bank to the petitioner under Right to Information Act vide Annexures-2, 3 and 4. The Counsel further drew attention of the Court to the instructions given by the General Manager, Network-2 of the respondent Bank vide Annexure-4 which reads as under:-
“6.vihydrkZ us vkosnu es a vuqnku jde nks o’kZ ckn [kkrs es a tek djus ds fy, nks’kh inkf/kdkfj;ks a dk uke rFkk bl vkyksd es a {ks=h; izc a /kd }kjk dh tkus okyh dkjZokbZ ds l a c a /k es a lwpuk ek a xh FkhA ;g lwpuk HkkSfrd :Ik (Material form) es a miyC/k ugh a gksus ds dkj.k vihydrkZ dks iznku ugh a dh xbZ gSA fQj Hkh] esjk vkns”k gS fd dsUnzh; yksd lwpuk vf/kdkjh _.k [kkrk es a lfClMh nh tkus l a c a /kh cS a d ds funsZ”k ,o a ] _.k dh iwjh jkf”k ¼vuqnku lfgr½ ij C;kt yxkbZ gS vFkok ugh a ] blls vihydrkZ dks voxr djk;s a A ;fn [kkrs es a iwjh jkf”k ij ¼vuqnku jkf”k lfgr½ C;kt yxk;k x;k ik;k tkrk gS rks vihydrkZ ds [kkrs es a ykSVkus dh O;oLFkk djs a A**
It appears that the authorities of the respondent Bank
having realized the mistake committed by it has already instructed the Branch Manager in the manner noted hereinabove.
The writ application is disposed of by directing the respondent Bank, particularly, the Branch Manager, State Bank of
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India, Punsia Branch, Banka (respondent no. 6) to comply with the said instruction and credit the interest subsidy amount could have earned between the period 24.3.2009 to 8.6.2011, if not already credited, within four weeks from the date of receipt/production of a copy of this order.
(Kishore Kumar Mandal, J)
Pankaj/U
1 issue framed by the court
Whether the respondent Bank is directed to pay interest on the delayed credit of a loan subsidy component.
Bashishth Kumar
State Of Bihar
The Chief General Manager State Bank Of India
The General Manager (New Work-2) State Bank Of India
The Regional Manager, Regional Business Office, State Bank Of India, Bhagalpur
The District Agriculture Officer, Banka
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
