Dipty Patowary v. The Union Cooperative Bank Ltd and 2 Ors

ORDER

19.02.2024

¶1Heard Mr. N. Rahman, learned counsel for the petitioner, who submits that the MACT No.2, Kamrup (M), Guwahati vide order dated 31.05.2019 passed in MAC Case No.2141/2016, had directed that Rs.2,00,000/- out of the total compensation amount, was to be deposited in the account of the petitioner's daughter, namely Ms. Pinki Patowary, till she attained majority.

¶2The petitioner's counsel submits that the petitioner is in need of the money for educational and other purposes and as such, has made an application dated

07.12.2023 to the respondent Bank, seeking premature withdrawal of the aforesaid amount from the Union Co-operative Bank Ltd., Jagiroad Branch, Morigaon. He accordingly submits that a direction should be issued to the respondent Bank to consider the case of the petitioner, by taking a decision on his application.

¶3As the deposit of Rs.2,00,000/- has been made in the account of the petitioner's daughter, in pursuant to the order dated 31.05.2019 passed by the MACT No.2, Kamrup (M), Guwahati, this Court is of the view that the petitioner would have to approach the learned Tribunal in this regard.

¶4Accordingly, the writ petition is dismissed, with liberty being given to the petitioner to approach the learned Tribunal. JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010025472024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/779/2024o DIPTYoPATOWARYo W/O-oLATEoHARICHARANoPATOWARYo,o VILL-oUJANPARA,o P.S-oBOKO,oDIST-oKAMRUP,oASSAM VERSUSo THEoUNIONoCOOPERATIVEoBANKoLTDoANDo2oORSo REP.oBYoITSoCHAIRMANoHAVINGoITSoCHAIRMANoHAVINGoITSoHEADo OFFICEoAToCHANDANoNAGAR,oBELTOLAoROAD,oGUWAHATI-28 2:THEoMANAGINGoDIRECTOR oTHEoUNIONoCOOPERATIVEoBANKoLTD.o CHANDANoNAGAR oBELTOLAoROAD oGUWAHATI-28 3:THEoBRANCHoMANAGER oTHEoUNIONoCOOPERATIVEoBANKoLTD.o JAGIROADoBRANCH o SHIVoMANDIRoROAD oJAGIROAD oDIST-oMORIGAONo oASSAM oPIN-78241o AdvocateoforotheoPetitionerooooo:oMRoNoRAHMANo AdvocateoforotheoRespondento:oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA