LAWS(MPH)-1996-1-24

BALBIR SOUND Vs. INDIAN BANK

Decided On January 08, 1996
BALBIR SOUND Appellant
V/S
INDIAN BANK Respondents

JUDGEMENT

(1.) THE petitioner seeks a direction that the respondent Bank be directed to make payment which is payable toward the fixed deposit receipts taken by her along with her husband. The photostat copies of these have been placed on record as Annexures P/l to P/10. The particulars of these are as under : <FRM>JUDGEMENT_227_TLMPH0_1996Html1.htm</FRM>

(2.) IT be seen that these FDRs, are in the name of Sri Bhagat Singh Sound and the present petitioner.

(3.) THE payment of this amount is not being made on the ground that the Bank has filed Civil Suit for the recovery of a sum of Rs. 11,46,467/ -. This suit is pending in a Civil Court at Gwalior. The parties to this Civil Suit be also noticed. There are four defendants. The husband of the petitioner figure as defendant No. 3. It is on the basis of the above suit, it is contended that the Bank has exercised its right to adjust loan and it is submitted that it is not obliged to make the payment. Before dealing with this position, it would be apt to notice the assertion made in the plaint. The learned counsel for the petitioner placed reliance on para 8 of the plaint whereas the learned counsel appearing for the Bank placed his reliance on para 4 of this very plaint.