HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34121 of 2021 Court No. - 2 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. Heard learned counsel for the petitioners, learned counsel for the respondents and perused the record. 2. The petitioners has preferred the present writ petition inter-alia with the following prayer:- "I. Issue a writ, order or direction in the nature of certiorari quashing the order dated 19.9.2021 issued by the Senior Manager Punjab National Bank, C-12, Sector 12, Vasundhra, Ghaziabad. II. Issue a writ order or direction in the nature of mandamus directing the respondent bank to release the FDR of the petitioner's company." 3. It is argued by learned counsel for the petitioner that in reply to the letter dated 4.9.2021 as submitted by the petitioners, the respondent bank issued a letter dated 19.9.2021, a copy of which is appended as annexure no. 19 to the writ petition which reads as under:- "... circle office directed us to release the FDR only after getting appropriate order from the competent court/authority/tribunal/forum." 4. Sri Sukesh Kumar, learned counsel appearing for the respondent no. 5, namely, Shiksha Vihar Sahkari Awas Samiti Limited, 123A, Abhay Khand IIIrd, Akansha Apartment, Indrapuram, Ghaziabad has filed an Versus Counsel for Petitioner(s) : Anuj Srivastava, Atul Tej Kulshrestha, Krishnaji Khare, Vinay Singh Counsel for Respondent(s) : Sanjai Singh, Sukesh Kumar M/S Divyansh Axayaraj Project Pvt. Ltd. And Another .....Petitioner(s) M/D Punjab National Bank And 4 Others .....Respondent(s) affidavit on behalf of the respondent no. 5 wherein in paragraph nos. 6 and 7 it is averred that the Society has taken a decision dated 9.6.2019 to release the FDR of the petitioner and no objection certificate dated 25.8.2021 addressing to the Bank has been issued. The said paragraphs of the affidavit reads as under:- "6. That, in the meeting dated 18.5.2019 of the General body of the aforesaid Society a resolution no. 10 was passed authority the committee of the management of the aforesaid society to take decision about released the FDR of the petitioner.... 7. That, in response to the aforesaid resolution no. 10 of the General Body of the Society, the Committee of Management issued a no objection certificate dated 25.8.2021 addressing to the respondent bank concerned in respect of release of the amount of FDR No. U718004500000037 in favour of petitioner." 5. Thus, it is submitted by learned counsel for the petitioner that there is no impedement of the respondent Bank to withhold the FDR of the petitioner. 6. At this juncture, Sri Sanjay Singh, learned counsel appearing for the respondent Bank submitted that in case petitioner submits a fresh representation annexing copy of the relevant papers/documents along with affidavit, the same shall be decided by respondent no. 3 -Circle Officer, (Law Division), Punjab National Bank, KJ-13 Kavi Nagar, Ghaziabad, expeditiously. 7. With the consent of learned counsel for the parties and in the interest of justice, the writ petition is disposed of directing the petitioner to file a fresh representation before the respondent no. 3 within a period of three weeks from today alongwith a certified copy of this order. If such a representation is made, the respondent no. 3 shall be consider and dispose of the same strictly in accordance with law within a further period of four weeks' unless there is any legal impediment. 8. No order as to costs. October 7, 2025 SY WRIC No. 34121 of 2021 2 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad