KISHORE NARSIBHAI PATEL Vs. STATE BANK OF SAURASHTRA

JUDGEMENT

(1.) This is a mis-conceived petition inasmuch as the relief sought for in the present petition Para-13(A) is, "This Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction quashing and setting aside the action of the respondent Bank not to release the FDR No.641591 of Rs.1,28,607.50 dated 4th March, 1994, FDRs No.641694 of Rs.41,250/- dated 10th June, 1994, FDR No.641909 of Rs.19,950/- dated 26th November, 1994 as per Annexure " A and further be pleased to direct the respondent Bank to release the FDRs as per Annexure " A in the petitioner's Bank Account No.98541601724 forthwith." Annexure " A is the xerox copies of the aforesaid FDRs.

(2.) The learned advocate, Mr. Nakarani, invited the attention of the Court to the order passed by this Court in Special Civil Application No. 20633 of 2005 (Coram : Hon'ble Mr. Justice K.S.Jhaveri, J.) dated 27th October, 2005. He has submitted that the Hon'ble Court was pleased to issue certain directions to the respondent Bank, of which, direction (ii) is as under :-

(3.) The case of the petitioner is strenuously submitted by the learned advocate appearing for the petitioner that, 'the respondent Bank is not complying with the aforesaid directions.' If that is so, the remedy is not by way of filing the Special Civil Application before this Court. Besides, it is pointed out by the learned advocate for the petitioner himself that it is the case of the respondent Bank, which is found from the affidavit-in-reply filed on behalf of the respondent Bank by one Shri Ramesh S. Suchak, Branch Manager of State Bank of Saurashtra, Karanpara Branch, Rajkot that :- "(Para " 1) I say that the grievance made in the petition by the petitioner regarding F.D.R. is incorrect, improper and therefore is not acceptable to the respondent Bank........"