YELLMAL GANAPATI Vs. UTKAL GRAMEEN BANK

JUDGEMENT

(1.) Mr. Rao, learned senior advocate appears on behalf of the bank. With reference to direction in order dtd. 7/3/2022, he submits, his client's officer is present in Court with the file.

(2.) He relies on views of a learned Single Judge, High Court of Chhattisgarh in order dtd. 22/8/2017 dealing with Writ Petition (article 227) no.375 of 2017 (Dr. Achinto Chakraborty vs. Chairman and Managing Director, State Bank of India and others), paragraphs 13 to 20. He relies on discussion regarding bankers' right to lien and set off. He submits, right to set off is not a contractual right. His client, as also bankers to petitioner, had the right to set off proceeds of the STDRs. In addition to judgment of the Supreme Court in Anumati vs. Panjab National Bank reported in (2004) 8 SCC 498, relied upon by petitioner, he also relies on Syndicate Bank vs. Vijay Kumar reported in (1992) 2 SCC 331, paragraphs 6 and 7. He submits further, the writ petition raises dispute on questions of fact and as such is not maintainable. He relies on judgment dtd. 20/7/2021 of the Supreme Court in Civil Appeal no.2848 of 2021 (Shubhas Jain vs. Rajeshwari Shivam and others), paragraph 26.

(3.) On facts, he draws attention to following passage in paragraph 3 of the counter, reproduced below.