Calcutta High Court (Appellete Side)
Sl.43 (Bhola Nath Ghosh And Another vs Union Of India on 18 July, 2013
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
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18.7.2013 W.P. 18373 (W) of 2013
sl.43 (Bhola Nath Ghosh and Another-Vs- Union of India
md. and Others)
Mr. Haradhan Banerjee
..for the petitioners
Mr. Himadri Kumar Bandopadhyay
..for the State
Mr. Pralay Kar
..for the respondent no.3
Mr. Aniruddha Chatterjee Mr. Biswajit Konar ..for the respondent no.6 (power not supplied) The grievance of the petitioners is that the United Bank of India has not permitted the bank accounts of a society of which the petitioners are the president and secretary to be operated on the ground that appropriate information under the KYC scheme may not have been furnished by the society.
Though the bank has not been impleaded, the General Manager of an unconnected branch and the officials of the relevant College Street Branch have been impleaded. The bank says that there is a dispute as to who controls the society and it is in such circumstances that the bank has been constrained to not allow the accounts of the society to be operated without the 2 rightful person obtaining an order from any appropriate forum.
The private respondent no.6 claims to be the secretary of the society. Such private respondent says that the petitioners have sought to wrongfully interfere with and intermingle in the affairs of the society for which proceedings have been instituted before a civil court.
Since the bank's refusal to allow the operation of the accounts is a result of the disputes between the petitioners and the private respondent as to the control of the society, such disputed question of fact cannot be conveniently addressed in this extraordinary jurisdiction. Accordingly, the parties are left free to approach the appropriate civil forum for a specific order for the bank accounts maintained with the College Street Branch of United Bank of India to be operated by any appropriate official of the society.
It is made clear that the rival claims of the petitioners and the private respondents have not been gone into.
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W.P. No.18373 (W) of 2013 is disposed of without any order as to costs.
Urgent certified photocopies of this order, if applied for will be made available to the parties subject to compliance with all requisite formalities.
(Sanjib Banerjee, J.) 4