Society for Education Medicla Science Engineering and Vs The Krushi Cooperative Urban Bank, Ranigunj

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THE HON’BLE SRI JUSTICE A.V.SESHA SAI

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WRIT PETITION No.13227 OF 2010

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ORDER:

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This petition is filed seeking the following relief:

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..to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the inaction of the second and third respondents with regard to the release of the deposits of the petitioner society amounting to Rs.2,93,31,044/with the Krushi Bank as arbitrary, illegal and unsustainable.

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2. A counter affidavit is filed by the first respondent, stating that on verification of the records of the Bank as on the date of liquidation only, the first petitioner society is having deposit amount of Rs.53,03,020/- and the fourth petitioner received the balance deposited amount of Rs.64,634/- on 29.10.2010 and as such the contention of the petitioner that they are holding the deposited amount of Rs.2,93,31,044/- with the Krushi Co-operative Urban Bank Limited is not correct. The said counter, however, avers that in absence of any record available in the Bank, the claim of the petitioner cannot be entertained and that it is open to the first petitioner society to make a claim after producing original Fixed Deposit Receipts for the said amount. It is also submitted by the learned counsel for the petitioner society that his clients are ready to make such application.

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3. For the aforesaid reasons, the writ petition is disposed of, permitting the petitioners herein to submit their claim before the first respondent along with the supporting material. If any such application, along with such material is filed, the first respondent

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shall take appropriate action, in accordance with law. The miscellaneous Petitions pending, if any, shall also stand disposed of. There shall be no order as to costs.

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__________________________ JUSTICE A.V.SESHA SAI 04.09.2014 vhb

Society for Education Medicla Science Engineering and v. The Krushi Cooperative Urban Bank, Ranigunj

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Society for Education Medicla Science Engineering and v. The Krushi Cooperative Urban Bank, Ranigunj

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