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Jharkhand High Court · body

2008 DIGILAW 94 (JHR)

Rahmati Khatoon v. State of Jharkhand

2008-01-30

R.K.MERATHIA

body2008
Order Heard the parties finally. 2. The petitioner has filed this writ petition for a direction upon the respondents to pay the maturity value of Laxmi Deposit Scheme amounting to Rs.27,125.00 under Deposit Receipt Nc.005060 matured on 15.9.2000 with the respondent bank with future interest at the rate of 12% per annum from the date ( maturity till the date of payment. 3. Counsel for the petitioner relie on the order passed on 8.8.2003 in W.P. (C No. 5552 of 2002-Ashraf Ali etc. 4. Mr. M.K. Roy, appearing for the respondent-Bank, submitted that when the said order was passed in the case Ashraf Ali (supra), only the license the carry on Banking business was cancelle but thereafter the Bank has gone unde liquidation and the Deputy Commissione Palamau has been appointed as official liquidator. In support of his contention, h produced a copy of the notification issue I by the office of the Registrar, Co-opera tive Societies, Jharkhand, Ranchi date: 18.7.2005. He lastly submitted that a simlar order passed on 5.7.2007 in W.P.(No. 5550 of 2002-Mohammad Ali etc..ca be passed; and that now it will not t possible to comply with the order simila. to the order of Ashraf Ali (supra) as the Bank is now under liquidation. He fur the submitted that petitioner will be treated c a secured creditor and the Reserve Bar of India is releasing amounts in favour I the Bank in order to enable it to pay the depositors and, therefore, it will t proper if the petitioner files her claim bi fore the official liquidator-Deputy Commi sioner, Palamau. 5. In the circumstances, Mrs. Patel submitted that an order similar to the passed in the case of Mohamma Air (supra) may be passed in this cash-also. 6. Accordingly, the petitioner is pemitted to withdraw this writ petition will liberty to file a claim before the offici liquidator-Deputy Commissioner, Palamau