Ashok Kumar Rai vs State Of U.P. And 4 Others
2022 Latest Caselaw 1085 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- WRIT - C No. - 7627 of 2022
 

 
Petitioner :- Ashok Kumar Rai
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Bal Krishna Rai
 
Counsel for Respondent :- C.S.C.,Udai Bhanu Singh
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Vikas Budhwar,J.

Heard learned counsel for the petitioner, Sri Udai Bhanu Singh, learned counsel appearing for the respondent no.5- and learned Standing Counsel appearing for the respondent nos.1 to 4.

Present petition has been filed with the prayer to direct the respondent no.5 to release the amount of Rs.56,000/- from the petitioner's account no.17590, expeditiously within the stipulated period.

Learned counsel for the petitioner has placed reliance on a judgment of this Court dated 03.09.2021 passed in Writ-C No.20456 of 2021 (Bhanvar Sahab Singh vs. State of U.P. and 2 Others), which is quoted as under:

"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."

Learned counsel appearing for the Bank very fairly submitted that as per the Scheme noted in the aforesaid order, the money is to be released to the extent of 50% of the amount due or Rs.1 lacs, whichever is less. However, in the present case the amount of Rs.56,000/- is involved, therefore all efforts shall be made to release the entire amount to the petitioner.

In such view of the matter, the present petition stands disposed of with a direction to the respondent no.5- Branch Manager, District Cooperative Bank, Branch Kerakat, District Jaunpur to release the amount of the petitioner preferably within a period of one month from the date of production of a certified copy of this order.

This order is being passed as an exception to the Scheme framed in view of the fact that a very small amount is involved in the matter.

With this observation/direction petition stands disposed of.

Order Date :- 11.4.2022

Nitendra