Abdul Majid v. Registrar, Co-operative Societies, Co-operative Societies
2003-08-08
M.Y.EQBAL
body2003
DigiLaw.ai
Order Heard learned counsel for the parties. 2. In this writ application petitioners have prayed for issuance of appropriate writ directing the respondents, Co-operative Bank to make payment of maturity value of Laxmi Deposit Scheme by the Respondents Bank under the Deposit Receipt Nos. 005016, 005017 and 005018 amounting the maturity value of Rs. 14,051/each matured on 12.6.2001 respectively with future interest after the date of maturity @ 12% per annum from the date of maturity till the date of payment. 3. Petitioners' case is that out of his nominal income every day, he opened a saving bank account in the respondents Co-operative Bank and was depositing money time to time. After accumulation of the substantial reasonable amount he used to get the same deposited in the Daltonganj Co-operative Bank Ltd., Daltonganj under Laxmi Deposit Scheme for fixed period of certain months for self and also jointly with his wife. Details of the receipts are as follows : ------------------------------------------------------------------------------------------------------------------------------------ "Receipt No. Date Amount Maturity Period Date of Deposited Value Maturity ------------------------------------------------------------------------------------------------------------------------------------ 005016 12.6.98 Rs. 10,000/- Rs. 14,051/- 36 months 12.6.2001 005017 12.6.98 Rs. 10,000/- Rs. 14,051/- 36 months 12.6.2001 005018 12.6.98 Rs. 10,000/- Rs. 14,051/- 36 months 12.6.2001" ------------------------------------------------------------------------------------------------------------------------------------ 4. According to the petitioners, total amount deposited by him are Rs. 30,000/- and the maturity value comes to Rs.42,153/- till 12.6.2001. On the maturity of the said deposit, petitioner approached the respondents but the latter refused to pay the same. 5. A counter affidavit has been filed by the respondents, wherein it is stated that the Reserve Bank of India issued a letter dated 29.9.2001 whereby the application filed by the respondent to carryon banking business has been rejected. The said order has been challenged by the respondents by filing writ application being WPC No. 1394 of 2002. It is stated that due to specific instruction of the Reserve Bank of India, respondents are not in a position to pay back to the depositors their deposits along with interest. 6. Admittedly, the aforesaid deposits have been made by the petitioner and after maturity; petitioners are entitled to get the maturity value of these deposits. This fact has not been denied by the respondents.
6. Admittedly, the aforesaid deposits have been made by the petitioner and after maturity; petitioners are entitled to get the maturity value of these deposits. This fact has not been denied by the respondents. In that view of the matter, merely because respondent was directed by the Reserve Bank of India not to carry on banking business in future, cannot and shall not deprive the petitioners from their hard earned money, which was deposited by way of fixed deposit. This court directs the respondent-Bank to release the entire maturity value of all the deposits to the petitioners within a period of two weeks from the date of receipt of copy of this order. 7. With the aforesaid observation and direction, this writ application is disposed of.