Uttarakhand High Court
WPMS/2472/2012 of SURAJ PRAKASH Vs STATE BANK OF INDIA and ANOTHER on 28 December 2013
COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 2472 of 2012 Suraj Prakash … Petitioner Vs State Bank of India & another … Respondents Mr. S.C. Bhatt, Advocate, present for the petitioner. Mr. D.S. Patni, Advocate, present for respondent No. 1. Hon’ble Sudhanshu,
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 2472 of 2012
Suraj Prakash
… Petitioner
Vs
State Bank of India & another
… Respondents
Mr. S.C. Bhatt, Advocate, present for the petitioner. Mr. D.S. Patni, Advocate, present for respondent No. 1.
Hon’ble Sudhanshu, J. (Oral)
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1. The father of the petitioner had opened a Fixed Deposit Account in the name of his son i.e. present petitioner in the respondents Banks i.e. State Bank of India, Khatima Branch and Bank of Baroda, Khatima Branch in the year 1998 and 1997 respectively.
2. In its counter affidavit, the State Bank of India/respondent No. 1 has stated that the amount has already been withdrawn by the petitioner. On the contrary, counsel for the petitioner alleged that money has never been withdrawn.
3. On the above disputed question of fact, this Court is of the view that the petitioner has a remedy to file a civil suit before the appropriate court or even to file a criminal case against the concerned persons, but presently, the matter cannot be resolved by this Court.
4. Accordingly, the writ petition is dismissed. No order as to costs.
28.12.2013 Aswal
(Sudhanshu Dhulia, J.)