ATMANAND SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner wants a mandamus upon the respondent authorities specially management of Punjab National Bank to refund the money of the petitioner by honouring the 'agreement' dated 27.5.1990 contained in annexure-5B to the writ application as well as to pay interest on the amount agreed upon between the parties.

(2.) The background to the filing of the present writ application is that the petitioner claims himself to an educated unemployed and was having two accounts at Punjab National Bank Branch at Haveli Kharagpur, in the district of Munger. In the year 1984 petitioner had taken financial assistance by way of loan of Rs. 10,000/- to run a business in the name of Sanjeev Readymade Store. Money came to be paid by the bank in two instalments of Rs. 4,000/- on 21.7.1984 and Rs. 6,000/- on 1.10.1984. This was a term loan of Rs. 10,000/- in account bearing No. TL-PA/2/66. This term loan with interest had added up to a figure Rs. 13,386/- up to 14.2.1990.

(3.) Petitioner was granted two cheques of Rs. 5,000/- each in the year 1989 by the Circle Officer of Haveli Kharagpur under what is known as earthquake relief fund. Those two cheques were deposited with the bank for encashment but the same were not credited in the savings account of the petitioner but was transferred to the term loan account for realization of the loan. This, according to the petitioner, was done without any authorization or direction of the competent authority.