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2025 DAILYLAW 7440 (PNJ)

JATINDER KAUR AND OTHERS v. PUNJAB STATE COOPERATIVE BANK, CHANDIGARH AND OTHERS

CWP/4454/2025 · 2026-07-06

Namit Kumar

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 231 CWP-4454-2025 Date of decision : 06.07.2026 Jatinder Kaur and others ….Petitioners V/S Punjab State Co-operative Bank and others ….Respondents CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR Present: Mr. Randeep Singh, Advocate for the petitioners (through video conferencing). Mr. T.S. Sidhu, Advocate for the respondents. **** NAMIT KUMAR , J. (ORAL) 1. On 25.02.2025, the following order was passed :- “By way of present petition filed under Articles 226/227 of the Constitution of India, petitioner prays for issuance of writ in the nature of mandamus directing the respondents to grant following reliefs:- a) For immediate release of FDR, made on the orders dated 17/12/2008, of Hon’ble Punjab and Haryana High Court in CWP No.1253 of 2005, which was kept as security for matters pending in Arbitration (Annexure P.7), comprising of gratuity and leave encashment, standing in the name of husband of petitioner No.1, i.e. Late S. Joginder Pal Singh, Asstt. Manager, who retired on 31st Jan 2009, and expired on 14th Oct., 2012, along with interest at the rate of 18% from 29/4/2019 (Annexure P-10 to P-29) i.e. date when he was exonerated of all the charges, VINOD KOTHIYAL 2026.07.06 17:14 I attest to the accuracy and authenticity of this document CWP-4454-2025 2 b) For immediate transferring of Saving Bank Account and other accounts standing in the name of Late S. Joginder Pal Singh in favour of his legal heirs, with interest at the rate of 18% since his death on 14/10/2012, the right of which has been denied unlawfully, without any justification as there was no restraint order either from Hon’ble High Court or by any Arbitrator and this action has been against all the norms, rules and regulations of the Reserve Bank of India with regard to settlement of accounts standing in the name of deceased cases, c) For immediate payment of 18% interest from 6/12/2016 to 6/05/2023 on delayed payment of interest, despite the order dated 17.12.2008 (Annexure P-7) passed by Hon’ble Punjab and Haryana High Court passed in CWP 1253 of 2005, by not crediting monthly interest on the Gratuity and other benefits from 6/12/2016 till 6/05/2023, for 76 months. d) For immediate refund of TDS deducted amounting to Rs.73411/- along with interest at the rate of 18% till the date of payment as the said deductions grossly violate legal provisions of Income Tax Act, and as the title of account of deceased in favor of legal heirs not being effected, petitioners are unable to claim refund of TDS (e) And for grant of any other relief as this Hon’ble Court deems appropriate. Petitioners also made a legal notice dated 06.04.2024 (Annexure P.36) upon the respondents but no action has been taken so far upon the legal notice. Learned counsel also submits that the petitioners will be satisfied in case the respondents are directed to take a decision on the legal notice dated 06.04.2024 (Annexure VINOD KOTHIYAL 2026.07.06 17:14 I attest to the accuracy and authenticity of this document CWP-4454-2025 3 P.36) by passing a speaking order. Notice of motion for 04.08.2025.” 2. Learned counsel for the respondents submits that the legal notice dated 06.04.2024 (Annexure P-36) submitted by the petitioner shall be considered and decided by passing a speaking order and the necessary dues, if any, of the petitioner shall be released within a period of three months. 3. Let the legal notice dated 06.04.2024 (Annexure P-36) submitted by the petitioner shall be considered and decided by the competent authority by passing a speaking order after affording an opportunity of hearing to the petitioner within a period of two months from today. 4. Disposed of. 06.07.2026 (NAMIT KUMAR) kothiyal JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No VINOD KOTHIYAL 2026.07.06 17:14 I attest to the accuracy and authenticity of this document