High Court Patna High Court - Orders

Md.Sirajjuddin @ Sarfarajuddin vs The State Of Bihar &Amp; Ors on 23 November, 2010

Patna High Court – Orders
Md.Sirajjuddin @ Sarfarajuddin vs The State Of Bihar &Amp; Ors on 23 November, 2010
           IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CWJC No.4938 of 2008
MD.SIRAJJUDDIN @ SARFARAJUDDIN son of Md. Halim, resident of
 Maulana Azad Nagar, Panch Mandir Road, Jamui, Police Station-Jamui,District-
 Jamui.... Petitioner
                                             Versus
 1. THE STATE OF BIHAR through Co-operative Secretary, Patna.
 2. The Managing Director, Munger-Jamui Central Co-operative Bank, head
     Office, Munger.
 3. The Branch Manager, Munger-Jamui Central Co-operative Bank
     Branch,Jamui......... Respodents.
                                               with
                               CWJC No.5175 of 2008
 MD.GULAM SARWAR,proprietor of Gulam Engineering Work Shop, son of
 Md. Taiyab Ansari, resident of village Hansdih, Police Station Jamui, District-
 Jamui.
                                             Versus
 1. THE STATE OF BIHAR through Co-operative Secretary, Patna.
 2. The Managing Director, Jamui Central Co-operative Bank Head office,
     Munger.
 3. The Branch Manager, Munger Jamui Central Co-operative Bank Branch,
     Jamui....... Respondents.
                                               with
                               CWJC No.5467 of 2008
MD.SAMIM ANSARI, proprietor Heena Shoe Stores, son of Md. Halim, resident
 of Mahsodhi, P.S. and District-Jamui...Petitioner
                                             Versus
 1. THE STATE OF BIHAR through co-operative Secretary, Patna.
 2. The Managing Director, Munger-Jamui Central Co-operative Bank Ltd.
     Head Office-Munger.
 3. The Branch Manager, Munger-Jamui Central Co-operative Bank Ltd.Jamui.
        ..... ...... Respondents.
                                               with
                              CWJC No.10976 of 2010
 MD.SHAMSHAD AKHTAR, son of Zamiruddin, resident of Thana
 Chouck,P.S.Jamui, District-Jamui.... Petitioner
                                             Versus
1. THE STATE OF BIHAR through Co-operative Secretary, Patna.
2. The Managing Director, Munger-Jamui Central Co-operative Bank, Munger
    Head Office, Munger
3. The Branch Manager, Munger-Jamui Central Co-operative Bank, Branch
    Jamui......... .......... Respondents
                                           -----------

For the petitioner: Mr. Shivendra Kumar Sinha, Advocate
(In all cases)
For the State: Standing Counsel No.23
(In all cases)
For respondent Bank: Mr. Sanjay Kumar, Advocate
(In all cases)

————–

-2-

4. 23.11.2010 The petitioners in all the four writ

petitions had taken loan under the Cash Credit

Account from the Jamui Branch of the respondent

Munger-Jamui Central Co-operative Bank. They claim

that their limits of loan under the Cash Credit

Account have also been enhanced from time to time

and they were also depositing the cash in the said

account from time to time in the year 2006 on

different dates. The operation of their account

was stopped by respondent No.3, Branch manager,

Munger-Jamui Central Co-operative Bank without any

cogent reasons, due to which they have faced

irreparable loss.

It is also their claim that they have

never defaulted in complying with the terms and

conditions imposed by the Bank. It is further

urged that had the petitioners not operated their

accounts in a proper manner there was no reason

for the Bank to increase their limits in the Cash

Credit Account several times.

Learned counsel for the petitioners also

refers to another case involving the same Branch

of the Bank in which after noting the

illegalities/irregularities committed with respect

to the petitioner of that case, namely,
-3-

C.W.J.C.No.11800 of 2009, this Court by its order

dated 11.9.2009, while disposing of the matter,

directed the Managing Director, Munger-Jamui

Central Co-operative Bank to make thorough enquiry

in the matter, in case the representation is filed

by the petitioner before him.

In the facts and circumstances of the

case, this Court is of the view that the

petitioners should also approach the Managing

Director of the respondent Bank so that he may

look into the matter and see as to whether the

concerned Branch is dealing with its customers in

an arbitrary manner in relation to such accounts.

The writ applications are, accordingly,

disposed of with the aforesaid observations.

VPS                                 ( Ramesh Kumar Datta, J. )