IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20287 of 2011

======================================================
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
======================================================
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
======================================================
CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN
ORAL ORDER

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

2/3

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 Cooperative 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

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

3/3

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--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.

(Sheema Ali Khan, J)

Prabhakar Anand/-