Hon'ble Manish Kumar,J.
Heard learned counsel for petitioners, learned Additional Chief Standing Counsel representing the State-respondents, Sri G.S. Mishra, learned counsel representing the Vijya Bank and Sri S.B.Pandey, Senior Advocate and learned Assistant Solicitor General of India assisted by Sri Anand Dwivedi, for the respondent nos. 1, 2 and 7.
Prayers made in this petition are as under:-
"(i) issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties particularly opposite party no.4 to make sure to return the investors' money immediately by withdrawing the fixed deposit amount of opposite party nos. 12 and 15 bearing A/c No.39002286104, State Bank of India, Nariman Point (Mumbai), Dalahal House, Jamunalal Bajaj Marg, Mumbai-400021 and A/c No.50358381682, Allahabad Bank by its nominee in the interest of justice.
(ii) issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite party no.6 i.e. District Magistrate, Lucknow to identified the movable and immovable properties of opposite paryy no.12 to 15 and by auctioning that property to make sure to return/refund the deposited amount of petitioners as quickly as possible in the interest of justice.
(iii) issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties specifically opposite party no.1 to 5 to take over the accounts as well as Financial Assets of opposite party no.12 to 15 i.e. Anee Bullion & Industries Pvt Limited Company, registered office 2/41, Virat Khand, Gomti Nagar, Lucknow, Anee Industries Pvt Limited, 404-A, Wing Pioneer Heritage, Linking Road, Santacruz West, Mumbai-400054, Maharashtra and Eye Vision India Credit Cooperative Society Limited, registered office at 305, G-19, Tiwari Complex, Laxmi Nagar, Delhi for realization of deposited/invested amount of the petitioners/investor, of in the interest of justice.
(iv) issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite party nos.9 to 11, the Bank concerned not to allow to operating the Bank account of the opposite party no.12 to 15 by the Chairman, Directors or any other members of the companies and stop the operation of the account i.e. Account No.713401011003137, Vijya Bank, Vijay Khand, Gomti Nagar, Lucknow, Account No.656001011000714, Vijya Bank, Gomti Nagar Extension Branch, Lucknow and Account No.001862800000053 Yes Bank, Hazratganj Branch, Lucknow forthwith in the interest of justice.
(v) issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite party no.8 to 11 to allow to the District Magistrate, District Lucknow to operate the aforesaid Bank accounts of opposite party nos.12 to 15 as per guideline of Reserve Bank of India forthwith in the interest of justice".
From the averments made in this petition, it appears that the petitioners have invested certain money with respondent nos. 12 to 15 and as per submission of learned counsel for petitioners investors have been defrauded by these respondents. It is in this background that prayer has been made seeking direction to respondent no.4 to ensure that investors' money be returned by taking certain action such as withdrawal of fixed deposit amount of respondent nos.12 to 15. The petitioners have also prayed that the District Magistrate, Lucknow be directed to identify the movable and immovable property of respondent nos.12 to 15 and to ensure refund of the deposit amount. Several other prayers have been made in this petition for ensuring refund of the amount invested by the petitioners.
We are afraid in exercise of our jurisdiction under Article 226 of the Constitution of India, the prayers made in this petition cannot be granted. The remedy to the petitioners for securing their invested amount lies elsewhere.
Accordingly, we are not inclined to interfere in this petition which is hereby dismissed.
However, notwithstanding dismissal of this petition it will always be open to the petitioners to take recourse to the legal remedy available to them whenever.
Order Date :- 25.1.2021 Renu/-