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Jharkhand High Court

Bokaro Steel Employees Co-Operative ... vs The State Of Jharkhand & Ors on 6 December, 2022

Author: Kailash Prasad Deo

Bench: Kailash Prasad Deo

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     [Civil Writ Jurisdiction]
                      W.P.(C) No. 3728 of 2010

      Bokaro Steel Employees Co-operative House Construction Society Limited
                                                              .... .. ... Petitioner
                                Versus
      The State of Jharkhand & Ors.                           .. ... ... Respondents
                                  ...........

CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO .........

      For the Petitioner                   : Mr. Krishna Murai, Advocate
      For the respondents-State            : Mr. Manish Mishra, G.P.-V

The matter is being taken up through Video Conferencing. Learned counsel for the parties have no objection with it and submitted that audio and video qualities are good.

......

07/ 06.12.2022.

Heard, learned counsel for the parties.

Learned counsel for the petitioner, Mr. Krishna Murari has submitted, that petitioner- Bokaro Steel Employees Co-operative House Construction Society Limited has preferred this writ petition against the D.C. Cum- Administrator, Hazaribagh, Central Co-operative Bank at P.O. and Dist. Hazaribagh and the Managing Director, Hazaribagh Central Co- operative Bank Ltd., Hazaribagh, which has merged into Jharkhand State Co-operative Band Ltd., Ranchi with effect from 01.04.2017, as such, office may be directed to implead the Jharkhand State Co-operative Band Ltd., Ranchi as respondent no.4. The dispute is between the Bokaro Steel Employees Co-operative House Construction Society Limited, B.S. City, a society registered with Society Registration Act and the co-operative bank with regard to the payment of dues in view of the judgment passed by the co-ordinate Bench of this Court pronounced on 15.10.2008 passed in W.P.(C) No.1543/2008 whereby the co-ordinate Bench has directed to determine the up-to-date maturity value with interest as against the investment made in fixed deposit scheme at Bokaro Steel City and thereafter petitioner has submitted that on 25.10.2008 a sum of Rs.2,29,72,756.43/- was deposited, the interest up to 05.10.2009 is Rs.38,35,870.22/- the total Rs.2,68,08,626.65/-, the bank has paid initial cheque on 05.10.2009 of Rs.1,63,00,000/- the due remain after deducting from Rs.2,68,08,626.65/- to be Rs.1,05,08,626.65/-, the interest charge from 05.10.2009 to 18.06.2010 Rs.7,74,903.10/- then total comes to Rs.1,12,83,529.75/-. Thereafter Bank paid by cheque to the tune of Rs.53,88,129.43/- then total remaining amount comes to Rs.58,95,400.32/-. Further litigation cost Rs.50,000/- thus, net amount payable by the Hazaribagh Co-operative Bank Ltd. comes to Rs.59,45,400.32/-.

-2-

Office is directed to implead Jharkhand State co-operative Bank Ltd., Ranchi as party respondent no.4.

The Chief Executive Officer of the Jharkhand State co-operative Bank is hereby directed to file detail statement of the fact along with interest up-to-date before this Court by 13.12.2022.

Let the matter appears on 15.12.2022.

Learned counsel, Mr. Mrinal Kanti Roy is directed to communicate the order in course of the day so that concerned officer on behalf of the respondent for compliance of order, failing which the salary of the Chief Executive Officer of the Co-operative Bank shall be withheld on next date.

Let a copy of this order be communicated to the Central Co-operative Bank, Hazaribagh through FAX/e-mail.

(Kailash Prasad Deo, J.) R.S.