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Patna High Court

Chandra Bhushan PathakversusThe Regional Manager, Central Bank of India

Decided
Disposal
DISMISSED

Holding

The Letters Patent Appeal is dismissed, upholding the Single Judge’s order directing the bank to pay the maturity amount with 8% per annum interest from 28‑10‑2019.

Summary

Chandra Bhushan Pathak, a farmer, filed a writ petition seeking payment of Rs.99,847 deposited in a Dhan Vridhi Scheme, alleging the bank had unlawfully retained the amount and earned interest. The bank countered that the amount was held in a secure account under a banker’s cheque, which must be revalidated after three months, and that it could not profit from the funds. The Single Judge directed the bank to pay the maturity amount of Rs.99,487 with interest at 8% per annum from 28‑10‑2019, rejecting the petitioner’s claim for interest from 1999. On appeal, the Division Bench examined whether there was any perversity or error in the lower court’s order. Finding none and noting the limited scope of interference in a Letters Patent Appeal, the bench dismissed the appeal, leaving the lower court’s directions intact.

Issues considered

  • Whether the respondents are legally bound to pay the amount of Rs.99,847 with interest to the petitioner.
  • Whether there is a deficiency in service on the part of the bank for not paying the amount.
  • Whether the bank's action is arbitrary, illegal, and mala fide.
  • Whether the petitioner’s constitutional rights are infringed by the bank’s conduct.
  • Whether the petitioner is entitled to interest from March 1987 or from a later date.

Subjects

  • Banker's cheque
  • Secure account
  • Bank liability
  • Interest calculation
  • Letters Patent Appeal
  • Civil Writ Jurisdiction
  • Banking Companies (Period of Preservation of Records) Rules, 1985
  • Arbitrary action
  • Constitutional rights

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Letters Patent Appeal No.188 of 2025
                                            In
                      Civil Writ Jurisdiction Case No.4259 of 2024
     ======================================================
     Chandra Bhushan Pathak, son of Late Sheo Kumar Pathak, Resident of
     Village-Saisar, P.S.-Dinara, District-Rohtas.


                                                                     ... ... Appellant/s
                                         Versus
1.   The Regional Manager, Central Bank of India Maurya Lok, Patna.
2.   The Manager, Central Bank of India, Buxar, Dist. Buxar.


                                                                   ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s      :      Mr. Braj Bhushan Mishra, Advocate
     For the Respondent/s     :      Mr. Suresh Mishra, Advocate
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
                and
                HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
     ORAL JUDGMENT
     (Per: HONOURABLE THE CHIEF JUSTICE)


      Date : 29-01-2026

                    This Letters Patent Appeal has been filed by the

      appellant Chandra Bhushan Pathak challenging the order dated

      24.01.2025 passed by the learned Single Judge in C.W.J.C. No.

      4259 of 2024.

                    The writ petition was filed by the appellant seeking

      for the following relief(s):-
Patna High Court L.P.A No.188 of 2025 dt.29-01-2026
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                           “For issuance of an appropriate writ, order
                            or direction to the respondents for making
                            payment of Rs.99847/- (Ninety nine
                            thousand eight hundred and forty seven
                            rupees) along with interest since March
                            1987 deposited by the petitioner in Dhan
                            Vridhi Scheme by issuing an appropriate
                            writ, order or direction to the respondent.”


                      The relevant grounds taken in the writ petition are as

         follows:-

                      “(I) Whether the respondents are legally bound
                            to pay the amount to the tune of
                            Rs.99,847/- to the petitioner along with
                            interest since March 1987 deposited by him
                            in Dhan Vridhi Scheme?
                      (II) Whether there is deficiency in service on
                            the part of the respondent in not paying the
                            aforesaid amount to the petitioner in spite
                            of all his best efforts?
                      (III) Whether the action of the respondent is
                            arbitrary, illegal and mala fide in the eye
                            of law.
                      (IV) Whether the constitutional right of the
                            petitioner enshrined in the Constitution of
                            India can be taken away by the arbitrary
                            and illegal action of the respondents?
                      (V) Whether the petitioner is entitled to get
                            payment of Rs.99847/- alongwith interest
                            since March 1987?”


                      2. Counter affidavit has been filed by the respondent-

         Bank wherein it is stated as follows:-

                      “9. That it is pertinent to mention here that
Patna High Court L.P.A No.188 of 2025 dt.29-01-2026
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                           once a Financial Institution or the Bank
                           issued a Banker's Cheque for an amount
                           by which the Financial Institution or the
                           Bank is bound to keep that amount of
                           issued Banker’s Cheque in a secure
                           account. Once the corresponding amount
                           is been sent to keep in the Secure Account,
                           the Financial Institution or the Bank could
                           not earn any kind of benefit/profit in any
                           manner on the corresponding amount of
                           the Cheque since it has to be called as
                           reserved account since it has limited
                           territorial access. From the Annexure-1, it
                           is apparent that the validity of the
                           Banker’s Cheque is mentioned as only for
                           three months. The petitioner is required to
                           get the Cheque revalidate by placing the
                           original Stale-dated Banker’s Cheque
                           before the concerned Branch/Authority
                           and then place for clearance of the same
                           only. The Bank would be liable to pay the
                           amount which has been mentioned in the
                           Stale-dated Cheque. Since it requires its
                           revalidation and other process to credit the
                           payment, thereafter, the payment of the
                           mentioned amount of the said cheque will
                           be made.
                      11. That it is relevant to state that as per Rule-2
                           of the Banking Companies (Period of
                           Preservation of Records) Rules, 1985, the
                           Banking Company shall preserve, in good
                           order, its books, accounts and other
                           documents mentioned below, relating to a
                           period of not less than five years
                           immediately, preceding the current
                           calendar year.
                           Ledger and Registers;
                           (1) Cheque Books Registers
                           (2) Delivery Order Registers
Patna High Court L.P.A No.188 of 2025 dt.29-01-2026
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                             (3) Demand Liability Registers
                             (4)Demand Remittance Dispatched Registers
                             (5) Demand Remittance Received Registers
                             (6) Vault Registers
                             Records other than Registers;
                             (1) Telegraphic Transfer Confirmation
                             (2) Telegrams and Telegram Confirmations.
                             And in view of provision, the connected
                             record of so called petitioner's Banker's
                             cheque is not available in the Branch of the
                             respondent Bank.”


                      3. The learned Single Judge, after hearing the

         respective parties and going through the pleadings and the

         counter affidavit, has been pleased to observe as follows:-

                      “4. Considering the above mentioned facts and
                          circumstances this Court is of the opinion
                          that the ends of justice would be met if the
                          authority the respondent Bank is directed
                          to pay the maturity amount of Rs. 99,487/-
                          together with the interest calculated at the
                          rate of 8% P.A from 28.10.2019 till the
                          date of actual payment. The petitioner is
                          directed to make a suitable representation
                          enclosing the banker cheque before the
                          respondent Bank within a period of four
                          weeks from today and after receiving the
                          same the respondent authority shall
                          calculate the total amount due to the
                          petitioner as per the directions of this
                          Court and pay the same within a period of
                          four weeks from the date of receipt of the
                          representation.”


                      4. The sole contention raised by the learned counsel
Patna High Court L.P.A No.188 of 2025 dt.29-01-2026
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         for the appellant is that since the appellant, who is a poor

         farmer, has not withdrawn the amount in question and it was

         lying with the Bank and the Bank might have utilized it for

         some other purpose and earned interest, the appellant is entitled

         to get such interest with effect from 06.08.1999.

                      5. However, on perusal of the counter affidavit, it is

         very clear that such amount has to be kept in Secure Account

         therefore, the question of utilizing such money for any other

         purpose by the Bank does not arise and the learned Single Judge

         was quite justified in refusing the prayer of the appellant,

         however, granted relief to the appellant by directing to pay the

         maturity amount of Rs. 99,487/- together with the interest

         calculated at the rate of 8% per annum.

                      6. In view of the limited scope in interference with the

         Single Judge’s order by the Division Bench in a Letters Patent

         Appeal, since we find that there is no perversity in the impugned

         order and it is a jurisdiction which is really a corrective

         jurisdiction and rarely used to correct errors and there is no

         palpable error on the face of the impugned order, we are not

         inclined to interfere with the same.

                      7. Accordingly, the Letters Patent Appeal stands

         dismissed.
             Patna High Court L.P.A No.188 of 2025 dt.29-01-2026
                                                          6/6




                                   8. Interlocutory Application(s), if any, shall stand

                      disposed of.




                                            (Sangam Kumar Sahoo, CJ)


                                                  (Bibek Chaudhuri, J)
P.K.P./-
AFR/NAFR
CAV DATE
Uploading Date          30.01.2026
Transmission Date


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