Court No. - 40
Case :- WRIT - C No. - 23751 of 2021 Petitioner :- Sunil Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amar Singh Yadav Counsel for Respondent :- C.S.C.,U. B. Singh
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
Heard counsel for petitioner, learned Standing Counsel for the State authorities and Sri U. B. Singh, counsel for respondent Bank.
Grievance in this writ petition is with regard to refusal by the respondent Bank to return the amount alongwith interest.
In similar facts and circumstances another writ petition being Writ-C No.20456 of 2021 filed before this Court has been disposed off vide following order passed on 03.09.2021:-
"Heard learned counsel for the petitioner, learned Standing Counsel for respondent No.1 and Sri Udai Bhanu Singh for respondents 2 and 3.
The petitioner had invested certain amounts on 13.09.2014 and 29.01.2015 with Zila Sahkari Bank Ltd. Jaunpur (Respondent No.3) under Re-investment Deposit Scheme. According to the petitioner a sum of Rs.1,34,727/- and Rs.1,40,979/- became payable on 13.9.2019 and 29.7.2019. However, despite repeated representations, the amount is not being released. It is for the reason that the financial condition of the Bank is not good.
Learned counsel for respondents 2 and 3 has placed for our perusal, a communication by the Chief Executive Officer, District Co-operative Bank, U.P. to various Co-operative Banks in the State, dated January 2021. By the said communication, the Co-operative Banks were informed that the money will be released to the extent of 50% in lump-sum or Rs.1 lac which ever is less. The communication is silent in relation to payment of the balance due amount.
Our attention has been invited to an order dated 29.9.2020 in Writ-C No.14423 of 2020, wherein it is noted that there was a scheme framed by the Registrar, Co- operative Societies in relation to release of maturity amount in favour of the account holder. According to it, 25% of the amount shall be paid immediately and remaining 75% in three quarterly instalments.
Having regard to the communication issued by the Registrar, Co-operative Society in January 2021 and the stand taken before this Court in Writ-C No.14423 of 2020, we dispose of the instant petition by providing that 50% of the amount due or Rs. 1 lacs, whichever is less, shall be paid to the petitioner immediately and remaining amount in three quarterly instalments."
We are in respectful agreement with the aforesaid order, passed by coordinate Bench, and dispose off the present writ petition on same terms.
Order Date :- 17.12.2021 Ashok Kr.