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Patna High Court

Samrul Ali,versusMr. Atul Prasad, The State of Bihar

Decided
Disposal
DISPOSED

Holding

The contempt application is infructuous and is disposed of.

Summary

The petitioner, Samrul Ali, filed a contempt application alleging that a letter dated 13-12-2019 from the Banking Ombudsman indicated a sum of Rs.82,000 with interest was available in his account at Vaishali District Central Co-operative Bank, but he claimed he was unaware of the letter. The bank had informed the petitioner that he should withdraw the amount, which he allegedly failed to do. The petitioner argued that he only received a copy of the show-cause notice on the day of the hearing. The Court examined the annexure to the show-cause notice and found that the petitioner had indeed been notified and the amount remained unwithdrawn. Consequently, the Court held that the contempt application was infructuous and ordered its disposal, directing the bank to comply with the communication in the annexure.

Issues considered

  • What is the appropriate disposition of a contempt application when the petitioner has been duly notified of the amount due but has not withdrawn it?
  • Does the petitioner’s claim of non-receipt of the notice affect the maintainability of the contempt proceeding?

Subjects

  • contempt
  • banking
  • co-operative bank
  • withdrawal
  • show cause notice
  • Banking Ombudsman
  • Reserve Bank of India
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.5247 of 2019
                                                     In
                               Civil Writ Jurisdiction Case No.4591 of 2019
                 ======================================================
                 Samrul Ali, Son of Abdul Hafiz, R/o Village - Mukundpur, Taj Electric,
                 Mahua, Jawahar Chowk, P.O. and P.S.- Mahua, Hajipur, District- Vaishali.

                                                                           ... ... Petitioner/s
                                                    Versus
           1.    Mr. Atul Prasad, The State of Bihar through the Principal Secretary, Co-
                 operative Department Govt. of Bihar having his office at Vikash Bhawan,
                 P.S. Sachiwalaya, District Patna PIN- 800001.
           2.    Mr. Vijay Kumar Singh, The Senior Manager, Co-operative, The Vaishali
                 District Central Bank Ltd. Head Office, Hajipur, Vaishali having his Office
                 at Hospital Road, Hajipur, District- Vaishali PIN- 844101.
           3.    Mr. Sandeep Kumar, The Branch Manager, Co-operative - The Vaishali
                 District Central Bank Ltd., Branch Mahua, Hajipur, Vaishali having his
                 Office at P.O. and P.S. Mahua, District- Hajipur Vaishali PIN- 844122.
           4.    Mr. Kishore Kumar Yadav, Joint Registrar (PP) on behalf of Banking,
                 Lokpal, Reserve Bank Building, Gandhi Maidan, Patna, P.S. Gandhi
                 Maidan, District- Patna PIN- 800001.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Arvind Kumar, Advocate
                 For the State          :      Mr.Santosh Kumar Mishra, AC to SC-26
                 For the Bank           :      Mr. Rajesh Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                                       ORAL ORDER

5   18-04-2026                   On perusal of the letter dated 13.12.2019 (Annexure-

                   B to the show cause filed on behalf of the Banking Ombudsman,

                   Reserve Bank of India) (O.P.No.4), it appears that the petitioner

                   has already been informed that a sum of Rs.82,000/- together

                   with updated interest is lying in his account in the Vaishali

                   District Central Co-operative Bank Ltd., Hajipur (Vaishali),

                   Branch-Mahua.

                                 2. It is submitted that in view of the aforesaid letter,
           Patna High Court MJC No.5247 of 2019(5) dt.18-04-2026
                                                       2/2




                     the petitioner was supposed to go to the bank and withdraw the

                     amount but he has not done so.

                                  3. Learned counsel for the petitioner submits that he

                     was not aware of the said letter, however, the copy of the show

                     cause of O.P. No.4 has been served upon him only today.

                                  4. Be that as it may, in view of Annexure-B to the

                     show cause of O.P. No.4, this contempt application has become

                     infructuous. It is being disposed of accordingly.

                                  5. Needless to say that the concerned bank shall abide

                     by the communication as contained in Annexure-B to the show

                     cause.



                                           (Rajeev Ranjan Prasad, J)
arvind/-

U


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