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Calcutta High Court (Appellete Side)

Sujit Das vs Indian Bank & Anr on 28 April, 2021

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

     07
28.04.2021
 Ct. No.23
     pg.
                      IN THE HIGH COURT AT CALCUTTA
                     CONSTITUTIONAL WRIT JURISDICTION
                               APPELLATE SIDE
                          (Through Video Conference)

                                WPA 6958 of 2020
                                     Sujit Das
                                        Vs.
                                Indian Bank & Anr.


                     Mr. Abhrajit Mitra, Sr. Advocate
                     Mr. Nitai Chandra Saha
                                 ... For the petitioner

                     Ms. Deblina Lahiri
                     Ms. Samapti Roy
                                ... For the Bank


                     It is submitted on behalf of the respondent Bank

that the Competent Authority has settled the issue and a letter dated 28th April, 2021 to this effect has been issue to the petitioner communicating their decision to release the matured value of the fixed deposit. It is further submitted by the Bank that for actual disbursement and/or payment of money, certain formalities on the part of the Branch Manager of the respondent Bank as also on the part of the petitioner are required to be complied with. It is also submitted that due to the pandemic, the concerned branch is functioning with skeleton staff and it may take about two weeks to disburse the money, provided the petitioner fulfils his obligations.

On behalf of the petitioner, it is submitted that the petitioner has already submitted the account opening form and shall cooperate with the Branch Manager of 2 Indian Bank, 1, Sarat Bose Road, Amardeep Building, Ground Floor, Kolkata - 700020 with regard to the other formalities. The petitioner's advocate has, however, not yet received instruction as to receipt of the letter dated 28th April, 2021 referred to by the Bank.

The respondents are directed to disburse the money to the petitioner within a period of three weeks from date upon the petitioner fulfilling the formalities as mentioned in the letter dated 28th April, 2021, if not already done.

The respondents shall ensure that the letter dated 28th April, 2021 is sent to the petitioner immediately.

Advocate for the respondent Bank shall, by 4th May, 2021, also serve a copy of such letter dated 28th April, 2021 to the advocate for the petitioner.

Nothing further remains to be adjudicated in this writ petition. The same is disposed of accordingly without any order as to costs.

Since I have not called for any affidavits, allegations made in the writ petition are deemed to have not been admitted.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Arindam Mukherjee, J.)