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
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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)
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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,
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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. )