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2026 DAILYLAW 17835 (JHR)

ANJUMAN ISLAMIA MEDICAL AND SOCIAL SERVICE SOCIETY THROUGH ITS SECRETARY ANWAR ALAM v. INDIAN BANK, A GOVERNMENT OF INDIA UNDERTAKING THROUGH ITS MANAGING DIRECTOR

LPA/631/2024 · 2026-06-23

Rajesh Shankar

body2026

Judgment text

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2026:JHHC:18270-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No. 631 of 2024 Anjuman Islamia Medical and Social Service Society, through its Secretary, Anwar Alam, S/o Md. Alam, R/o Konka Road, P.O. & P.S.-Lower Bazar, District-Ranchi ….. Appellant Versus 1. Indian Bank, through its Managing Director, Chennai 2. Branch Manager, Ranchi Branch of Indian Bank, Sainik Market, Ranchi 3. Inspector General of Registration, Ranchi ….. Respondents ----- CORAM HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Appellant: Mr. Indrajit Sinha, Advocate Mr. A.K. Sahani, Advocate For the Intervenors: Mr. Mahesh Tewari, Advocate Ms. Priya Saw, Advocate Mr. Alaque Rashidi, Advocate For the Res.-Bank: Ms. Amrita Sinha, Advocate ----- 09/23.06.2026 1. Heard learned counsel for the parties/intervenors. 2. I.A. Nos. 11384 & 13120 of 2025 are allowed without the original petitioner accepting any of the contentions raised therein and without prejudice to the same. 3. Mr. Mahesh Tewari, learned counsel for the intervenor in I.A. No. 11384 of 2025 and Ms. Priya Saw, learned counsel for the intervenor in I.A. No. 13120 of 2025, on instructions, submit that the intervenors would file appropriate proceedings before the Waqf Tribunal to challenge not only the elections of the office bearers of the appellant-society, but also their claim to operate the bank accounts, which is the subject matter of the present appeal. Such bank accounts are held with the Indian Bank, Sainik Market Branch, Ranchi. 2026:JHHC:18270-DB 2 4. Learned counsel for the parties, on instructions, agree that the bank accounts freezing order dated 08.11.2023 will remain in force for a period of two months from today and will abide by and will be subject to any interim or final orders that would be passed by the Waqf Tribunal in the proceedings, which would be initiated by the above-referred two intervenors. 5. This means that if the intervenors obtain any interim or final orders from the Tribunal within two months, the freezing order can continue. However, if no such interim order is obtained within two months, or if it is denied, the freezing order shall cease to operate. 6. In addition to the intervenors, any other parties, such as the Anjuman Islamia, are also free to file appropriate proceedings before the Waqf Tribunal, if they so choose, and seek appropriate orders. 7. Ultimately, the Bank will have to abide by the Waqf Tribunal's orders on freezing accounts, which is the subject matter of this writ petition. 8. We clarify that we have not examined the rival contentions of any of the parties/intervenors on the merits. Similarly, we have not examined any other issues, such as the competence of the intervenors to file proceedings before the Waqf Tribunal, the jurisdiction of the Waqf Tribunal, or any other such issues. Therefore, all contentions of the parties are 2026:JHHC:18270-DB 3 specifically kept open to be decided by the Waqf Tribunal in accordance with law and on their own merits. 9. Further, the Waqf Tribunal should decide the matter without being influenced by the impugned order, any order passed in the present appeal, or the fact that we have continued the freezing order for a period of two months from today. Such continuance is only to afford all parties a fair opportunity to have their grievances resolved by pursuing the alternate remedy. Since there is controversy over what such an alternative remedy would be, we have kept that issue open. 10. Mr Mahesh Tewari and Ms Priya Saw submit that the parties they represent would file proceedings before the Waqf Tribunal within a week from today and seek an interim order. They also agree to issue notice to the appellant so that the matter can be heard. They request that the Waqf Tribunal be directed to dispose of the proceedings or at least the application for interim relief as expeditiously as possible. 11. Since the Waqf Tribunal would require some time to dispose of the proceedings, we direct the Tribunal to at least dispose of the application seeking interim relief as expeditiously as possible and, in any event, within four weeks of its filing. The notice of filing, together with all case papers and documents filed before the Tribunal, must be furnished by the Intervenors to the Appellants in advance, and the Appellants must be informed of the date on which the Tribunal will be moved for interim relief. The Tribunal must also ensure that 2026:JHHC:18270-DB 4 the Appellants are given due notice if any proceedings concerning the subject matter of this appeal are filed by any parties other than the Intervenors herein. 12. Learned counsel for the parties have assured this Court that they will not seek any unnecessary adjournments before the Waqf Tribunal and will co-operate with the Tribunal in expeditious disposal of the proceedings, or at least the interim application. 13. The present appeal is accordingly disposed of in the above terms without any order for costs. 14. I.A. No. 8101 of 2026 will no longer survive and is accordingly disposed of. (M. S. SONAK, C.J.) (RAJESH SHANKAR, J.) 23.06.2026 Satish/Vikas/