N SANTOSH Vs. INDIAN OVERSEAS BANK BASHEERBAGH

JUDGEMENT

(1.) The petitioner, who holds a Savings Bank Account in the 1st respondent, seeks a Writ of Mandamus, declaring the action of the respondents (hereinafter referred to as 'the bank'), in refusing to allow the petitioner to withdraw the amount in his account as illegal, arbitrary and unjustified and seeks a consequential direction to the bank to permit him to operate the same.

(2.) In the affidavit filed in support of the writ petition, it is stated that the petitioner is a B.Com. (Hons.) Graduate. Having completed the same in early 2002, he has been making efforts to undertake higher studies abroad, particularly in Switzerland, Australia or New Zealand. He states that he has passed some of the tests needed for such studies, conducted by the University of Cambridge , British Council, etc. and that he received offers from various countries, one such being Switzerland.

(3.) It is the case of the petitioner that since his studies abroad would need lot of expenditure, himself and his mother mobilised funds to the tune of about Rupees 15,00,000/- and had opened a Savings Bank Account with the 1st respondent bank (A/c. No. 9879) with the introduction of his maternal uncle by name Mr. Venkateshwara Rao. He averred that an amount of Rs. 15,00,000.00 was deposited on the day of opening of the account. Thereafter, in August 2002, an amount of Rs. 6,25,000- was deposited in the said account. The petitioner had issued a cheque for Rs. 6,25,000.00 to M/s. Maniraja Constructions, belonging to Mr. Venkateshwara Rao.