Disposed¶49

Rajeshwar Singh and Ors. v. the State of Bihar and Ors.

Patna HC2 Jan 2024CWJC/18896/2011

Case brief

AI extract

What is this about?

CWJC No.18896 of 2011; Patna High Court; Rajesh Kumar Verma, J.; decided 02-01-2024; G.P.F. loan compound interest deduction; refund of excess recovery; ex-employees of Bihar State Co-operative Bank Ltd.; contention that only simple interest payable; Regional Provident Fund Commissioner, Patna (respondent no. 3); counter affidavit and supplementary counter affidavit; chart of payment; statutory interest; writ petition disposed of as grievance redressed; NAFR.

What did the court decide?

In view of the aforesaid - the affidavits placed on record by the respondents, including respondent no. 3's supplementary counter affidavit annexing the chart of payment - the writ petition stands disposed of. ¶49

Rajeshwar Singh and Ors. Vs the State of Bihar and Ors. — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18896 of 2011

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======================================================

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Rajeshwar Singh Son Of Late Bacho Singh Resident Of Village Purainy, Police Station-Gobindpur, District-Nawada.

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Jai Bharat Son Of Late Sarangdhar Prasad Singh Resident Of A/38 Housing Colony, K. Bagh, Police Station K. Bagh, Town And District Patna.

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Shailendra Kumar Singh Son Of Late Shyamla Prasad Singh Resident Of Road No.3 Rajendra Nagar, Police Station Kadam Kuan, Town And District Patna.

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Kameshwar Prasad Singh Son Of Late Kailashpati Singh Resident Of South Chandmari Road No. 2, K. Bagh, Police Station Kankarbagh, Town And District Patna.

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Suresh Prasad Son Of Late Ram Swaroop Singh Resident Of Postal Park, Police Station Kankarbagh, Town And District Patna.

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Krishna Chandra Prasad Singh Son Of Late Sukhdeo Prasad Singh House No. 188, Manas Marg, Nehru Nagar, Police Station Patliputra, Town And District Patna.

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Suresh Rai Son Of Late Foudar Rai Resident Of Guru Kripa, Finance Colony, Phase-Ii, Khajpura, Police Station Rajiv Nagar, Town And District Patna.

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Surya Mohan Rai Son Of Late Firangi Rai Resident Of Guru Kripa,Finance Colony, Phase-Ii, Khajpura, Police Station Rajiv Nagar, Town And District Patna.

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Yugal Prasad Gupta Son Of Late Suraj Prasad Gupta Resident Of Prachi Ashoka Apartment Nehru Nagar, Police Station Patliputra Town And District Patna.

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Brij Mohan Bihari Prasad Son Of Late Keshaw Bihari Prasad Resident Of 45 Nandanpuri, Mourya Path, Police Station Shastri Nagar, Town And District Patna.

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Briksh Nandan Singh Son Of Late Mahadeo Singh Resident Of Mohalla Rampur, Police Station Sultanganj, Town And District Patna.

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Upendra Rai Son Of Baijnath Rai Resident Of Mohalla Finance Colony, Khajpura, Police Station Rajiv Nagar, Town And District Patna.

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Madan Ram Son Of Late N. Ram Resident Of Maurya Path Khajpura, Police Station Rajiv Nagar, Town And District Patna.

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Vijay Kumar Son Of Late Govind Singh House No. 190, Manas Marg, Nehru Nagar, Police Station Patliputra, Town And District Patna.

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Jai Prakash Son Of Late Pahari Mahto Resident Of Village Sandalpur, Police Station Sultanganj, District And Town Patna.

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Devendra Nath Pandey Son Of Late Prithavi Nath Pandey Ram Lakhan Path Road No. 8, Police Station Kankarbagh, Town And District Patna.

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Naresh Prasad Singh Son Of Late Pragash Singh Resident Of Rampur, Police Station Sultanganj, Town And District Patna.

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Madan Mohan Singh Son Of Late Musafir Singh Sramjivi Colony

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Patna High Court CWJC No.18896 of 2011 dt.02-01-2024 2/4

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Panchwati Nagar, Police Station Bazar Samiti Town And District Patna.

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Krishna Rai Son Of Late Keshri Rai Mohalla Mahatma Gandhi Nagar, Police Station Patrakar Nagar, Town And District Patna.

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Arjun Prasad Son Of Late Balgobind Prasad Resident Of Dharhara Kothi Road, Naya Tola, Police Station Kadam Kuan, Town And District Patna.

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Deo Nandan Rai Son Of Late Ramdas Rai Resident Of Manas Marg, Nehru Nagar, Police Station Patliputra, Town And District Patna.

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Rajendra Rai Son Of Late Ganga Rai Resident Of Bank Road, Police Station Gandhi Maidan, Town And District Patna.

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Shingari Devi W/O Late Nawal Kishore Sharma Azad Nagar Road No. Kankarbagh, Police Station Kankarbagh, Town And District Patna.

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Manorma Singh W/O Late Shyam Bihari Singh Resident Of Pakri Chawk, Police Station Town, Ara, District Bhojpur.

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... ... Petitioner/s

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Versus

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The State Of Bihar through the Principal Secretary, Co-operative Department, Government of Bihar, Patna.

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Bihar State Co-Operative Bank Ltd. Through Its Managing Director, Ashok Rajpath, Patna.

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Regional Provident Fund Commissioner, R.Block, Patna.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shiv Kumar, Advocate For the State : Mr. Raghwendra Kumar, SC 22 For Bank : Mr. S.N. Pathak, Advocate For respondent no. 3 : Mr. Jaiprakash Verma, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT

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Date : 02-01-2024

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Heard learned counsel for the petitioners, learned counsel appearing for respondent No.3 and Mr. Raghwendra Kumar, learned counsel appearing for respondent No.1 and 2.

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This writ application has been filed to refund back

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to access amount which has been deducted from the account of the petitioners by charging compound interest on the loan amount.

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Learned counsel for the petitioners submits that the

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Patna High Court CWJC No.18896 of 2011 dt.02-01-2024 3/4

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petitioners and their family members are ex-employee of the Bihar State Cooperative Bank Ltd. and the petitioners have taken loan from their G.P.F. accounts and the Department has taken compound interest on the loan amount. Learned counsel for the petitioners submits that the petitioners are entitled to pay only simple interest on the loan amount but the Bank has compelled to deduct the compound interest on the loan amount from the petitioners.

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Learned counsel for respondent No.3 has filed a detailed counter affidavit in which they have categorically stated that they shall refund the amount in question to the claimants/petitioners with statutory interest.

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Learned counsel appearing on behalf of respondent no. 3 i.e. Regional Provident Fund Commissioner, Patna has filed the supplementary counter affidavit in which he has annexed the chart of payment which suggests that the petitioners have been paid the amount recovered on account of compound interest with up to date statutory interest to the petitioners.

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Learned counsel appearing on behalf of the respondent nos. 1 and 2 submits that they have also filed the counter affidavit.

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Learned counsel for the petitioners submits that in

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Patna High Court CWJC No.18896 of 2011 dt.02-01-2024 4/4

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view of the supplementary counter affidavit filed on behalf of the respondent no. 3 it appears that the grievance of the petitioners have been redressed.

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In view of the aforesaid, this writ petition stands disposed of.

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(Rajesh Kumar Verma, J)

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Vanisha/-

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	05.01.2024
Transmission Date	N/A

Rajeshwar Singh and Ors. v. the State of Bihar and Ors.

Case brief

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Rajeshwar Singh and Ors. v. the State of Bihar and Ors.

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