IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20287 of 2011

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1. Bihar Asainik Seva Swabalambi Sahkari Grih Nirman Samiti Limited,

Magistrate Colony, Patna - 800025 Through Its President Sri Raghu Nandan

Prasad Son Of Late Kashi Nath Prasad Resident Of House No.- 48/B-26,

Road No. - 2a, Magistrate Colony, P.O.- Ashiyana Nagar, P.S. Rajeev

Nagar, District - Patna - 800025 (Bihar)

.... .... Petitioner/s

Versus

1. The Chairman Cum M.D.,Bank Of India, Head Office , Star House,

Bandra Kurla Ccomplex C-5-G Block, Bandra (East), Mumbai - 460051

2. The Zonal Manager, Bank Of India, Fraser Road, Patna , (Bihar)

3. The Regional / Chief Manager, Bank Of India, Regional Office,

Chanakya Tower, 'R' Block, Patna - 800001 (Bihar)

4. The Branch Manager, Bank Of India, Ashiyana Ram Nagari Branch,

Ram Nagari, P.O. - Rajeev Nagar, District - Patna - 800025 (Bihar)

5. Ombudsman, Banking Ombudsman Office (Bihar - Jharkhand), Reserve

Bank Of India 2nd Floor, South Gandhi Maidan, Patna - 800001 (Bihar)

6. The Union Of India Through The Secretary Of Finance , New Delhi - 1

.... .... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Daya Shanker Prasad

For the Union of India : Mr. P.L. Jaiswal, CGC

For Bank of India : Mr. Ajay Kumar Sinha

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CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER

3 26-04-2012 Heard Counsel for the parties.

The petitioner is aggrieved by the action of the

Branch Manager, Bank of India, Ashiyana Ram Nagari Branch,

Ram Nagari, Rajeev Nagar, District Patna whereby he has kept

on hold a cheque issued by the President of the Bihar Asainik

Seva Swabalambi Sahkari Grih Nirman Samiti Limited.

The ground for withholding the said cheque,

according to the Counsel for the Bank of India, is that an

election petition has been filed before the Co-operative

Patna High Court CWJC No.20287 of 2011 (3) dt.26-04-2012

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Tribunal, challenging the election of the newly elected

committee. It is apprehended by the Bank that the newly elected

committee would misutilize the funds and on that ground, has

withhold the withdrawal of the money by the cheque in

question.

The petitioner is the President of the newly elected

committee of Bihar Asainik Seva Swabalambi Sahkari Grih

Nirman Samiti Limited, which was notified by the District Co-

operative Officer.

The petitioner has also appeared in the election case

before the Tribunal, but there is no order of injunction of any

sort in favour of outgoing committee.

This Court also apprehended misuse the funds, and

therefore asked the Counsel for the petitioner to give an

undertaking that he would not be misutilizing the funds, and

also asked him to disclose the reasons as to why he wishes to

transfer the entire money from the Bank of India to the Canara

Bank.

By an affidavit filed on 24.04.2012, the following

undertaking has been given on behalf of the petitioner.

“I do hereby undertake, that the huge amount lying

in deposit as against S.B. A/c No. 443710100002830 of the said

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samiti shall on its withdrawal from the said Branch of Bank of

India be made over and deposited in Canara Bank, Raja Bazar

Branch or any nationalized Banking sector in terms of fixed

deposit where the samiti may be fetching more dividends by

way of higher interest @ 9.75 % per annum or more that they

likely to be offered by any other Banking sector as the case may

be, which has since been withheld illegally at the callous hand

of the said Branch Manager, Ram Nagari Branch, Bank of India

vis-à-vis the said money of the samiti shall always be taken care

and be utilized in the interest of its society vis BASSMS ltd.

And not otherwise.”

In view of the undertaking given by the petitioner,

this Court finds that the apprehension of the Branch Manager,

Bank of India is unfounded.

The Bank is directed to release the money, if a fresh

cheque is issued by the concerned President/Secretary of the

Bihar Asainik Seva Swabalambi Sahkari Grih Nirman Samiti

Limited.

This writ application is allowed to the extent

indicated aforesaid.

Prabhakar Anand/- (Sheema Ali Khan, J)