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2025 DAILYLAW 160434 (ALL)

SURENDRA v. THE GENERAL MANAGER STATE BANK OF INDIA LKO. AND ANOTHER

WRIC/8317/2025 · 2025-08-29

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8317 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard the learned counsel for the petitioner and Shri Kumar Jaikrit, Advocate, who has filed his Power on behalf of the Respondent nos.1 and 2, State Bank of India, which is taken on record. 2. This petition has been filed by the petitioner for the following prayers:- "(i) Issue a writ order or direction in the nature of Mandamus commanding the opposite party no.2 to pay the amount to the petitioner along with interest (till date of payment) in pursuance of order passed by District Judge Bahraich which was deposited by the petitioner by cheque no."011059" dated 16.08.2017 contained as Annexure no.3 to this writ petition. (ii) Issues a writ order or direction in the nature of Mandamus commanding the opposite party no.2 to pay interest as per guidelines of Reserve Bank of India in fix deposit amount. (iii) Issue any such other suitable order or direction, which this Hon'ble Court deems fit and proper in the circumstances of the case." 3. It has been submitted by the learned counsel for the petitioner that the petitioner filed a Claim petition before the Motor Accidents Claim Tribunal/ Additional Session Judge, District Bahraich, which was allowed on 25.03.2017 in favour of the petitioner. A copy of the Award has been Versus Counsel for Petitioner(s) : Girdhari Lal Shukla Counsel for Respondent(s) : Anurag Srivastava Surendra .....Petitioner(s) The General Manager State Bank Of India Lko. And Another .....Respondent(s) filed as Annexure-1 to the petition. The petitioner in compliance of the order passed by the District Judge has deposited two Cheques in the branch of the Opposite party no.2- (Branch Manager, Station Bank of India, Kaiserganj Branch, District Bahraich) in the Account No.3102912002 on 16.08.2017 as directed by the District Judge as pre a condition for release of the remaining amount in favour of the petitioner. Till date, the Bank has not released the remaining amount in compliance of the order passed by the District Judge. 4. The Counsel for the Bank, on the basis of instructions, says that the Bank is ready to make payment as directed by the MACT but the petitioner has not made any application till date. 5. The Counsel for the petitioner has pointed out Annexure No.4 to the petition which is an application dated 18.07.2025 which was sent through Registered Post/ India Post on 21.07.2025 to the Branch Manager, State Bank of India, Kaiserganj, District Bahraich. 6. This writ petition is disposed of with a direction to the Respondent no.2 i.e. Branch Manager, Station Bank of India, Kaiserganj Branch, District Bahraich, to pay the remaining amount of the Award in compliance of the order passed by the District Judge within a period of one month from the date a certified copy of this order is produced before him. August 29, 2025 N.PAL WRIC No. 8317 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench