ANITA MUKHERJEE Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) IN view of the order passed by me in the previous writ petition being No. W.P. 6819(W)/99 [reported as Prabir Kumar Mukherjee vs. Union Bank of India & Ors. (2001) 166 CTR (Cal) 530- Ed.]. I am of the view that recovery of the amount in this matter under S. 226(3) has become unwarranted under the law. Admittedly there is no due against the writ petitioner. On account of the alleged dues of her husband the amount in question in this writ petition has been withdrawn from the joint account. I hold that the steps taken by the respondents in this matter is not justified under the law. Accordingly, I direct the respondent-authority to refund a sum of Rs. 15,498 together with interest at the rate of 12 per cent per annum which shall be calculated from the date of withdrawal. However, the aforesaid amount after receipt shall be kept in a short-term fixed deposit not less than the period of six months.

(2.) THE aforesaid fixed deposit shall not be encashed before three months from date. In the event the decision of the Tribunal goes in favour the Department it would be entitled to take steps in accordance with law within a period of the aforesaid three months. In the event no decision is forthcoming within three months then the writ petitioner would be entitled to encash the aforesaid amount. The writ petition is thus disposed of without any order as to costs.