THE CHAIRMAN Vs. THE UNION OF INDIA THROUGH THE SECRETARY, BANKING DIVISION, DEPARTMENT OF FINANCE, NEW DELHI

JUDGEMENT

(1.) Heard Sri Sharad Kumar Sinha, Advocate appearing on behalf of the appellants-bank, Mr. Chittranjan Sinha, Senior Advocate ably assisted by Mr. Akashdeep, Advocate for the writ petitioner-Respondent no.2 and Mr. Chitranjan Sinha, PAAG-II for the Respondent nos. 3 and 4.

(2.) The appellants-Punjab National Bank is aggrieved by the order dated 10.02.2009 passed in C.W.J.C. No. 867 of 1999 (Atmanand Singh Vs. The Union of India & Ors.) whereby and where under, learned Single Judge has allowed the claim of the writ petitioner for payment of money, which was allegedly agreed by the appellants-bank as per the agreement dated 27.05.1990 with the writ petitioner. The appellants-bank has preferred the present appeal stating herein, as was the stand of the Bank before the learned Single Judge, that the writ application could not have been held to be maintainable and the learned Single Judge could not have directed for enforcement of an agreement. Secondly, the District Magistrate had no power to adjudicate the money claim of the writ petitioner and initiate an enquiry into the matter and that the very basis of the claim of the writ petitioner on which the enquiry was conducted with regard to Misc. Case No. 4 (DW 1) PNB/1989-90, was forged and fabricated document, as no enquiry of any such sort was conducted and the claim of the writ petitioner is based on forged and fabricated documents.

(3.) Writ petitioner had preferred writ application seeking a mandamus upon the respondents-Punjab National Bank to refund the money of the writ petitioner by honouring the agreement dated 27.05.1990 contained in Annexure-5B to the writ application.