HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 32 Case :- WRIT - C No. - 15696 of 2015 Petitioner :- Vijai Pal Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Ram Nath,Madan Lal Pal Counsel for Respondent :- C.S.C.,D.P. Singh Hon'ble Rakesh Tiwari,J.
Hon'ble Mukhtar Ahmad,J.
Affidavit filed by the respondent no.3 is taken on record.
Heard learned counsel for the petitioner, learned counsel for the respondent no.2 and 3, and learned Standing Counsel.
Sri Vijai Pratap Singh, Branch Manager, District Cooperative Bank, Jaunpur, is present in the Court in pursuance of order dated 11.5.2015.
It appears in the affidavit that the revival of the bank, MOU has been arrived at between the State Government, Central Government and NABARD. In pursuance to the MOU the amount was to be paid to the respondent bank for its revival. A circular dated 5.5.2015, issuing guidelines for utilizing the fund provided to 16 Co-operative Banks for its revival by the State Government and Central Government which is appended as Annexure-1 to the affidavit. Under the revival scheme, the State Government has released a sum of Rs. 102.60 crores on 31.5.2015, whereas share of the Central Government and the NABARD, amount 43.98 crores has yet to be released by the Central Government and NABARD. It appears in the affidavit that amount of Rs. 102.60 crores has not been released to the bank for conducting his business, though it has been deposited in fixed deposit in the name of the respondent bank in U.P. Co-operative Bank Limited, Lucknow.
Sri D.P. Singh, learned counsel for the respondents submitted that the aforesaid amount cannot be released by the respondent-bank in the favour of the petitioner.
It appears that a sum of Rs. 61,228/- has to be paid that has been claimed by the petitioner. It appears from the record that petitioner had deposited Rs. 30,500/- in the bank under fixed term for 63 months on 16.11.1996, and maturity of the said amount was Rs. 61,228/-. He had also deposited another Rs. 15,000/- under fixed deposit scheme for 63 months in the respondent-bank which has to be paid Rs.30,112/-. Thus a sum of total Rs.91,340/- was due on the respondent under the aforesaid scheme, which has not paid.
On perusal of the petition it appears that U.P. Co-operative Bank Limited has not arrayed as a party.
Hence, in this circumstance this Court is unable to pass the order against the U.P. Co-operative Bank Limited.
Let the petitioner be permitted to implead the Co-operative Bank Limited as respondent in the array of parties within a period of two weeks.
List thereafter.
The personal appearance of Sri Vijai Pratap Singh, Branch Manager, District Cooperative Bank, Jaunpur, is exempted until further orders.
Order Date :- 20.7.2015 AHN