Gyarsi Devi and Anr. vs Union Bank of India & Anr.

S.H.A. Raza and D. K. Trivedi, JJ.—Contention of the petitioners in this writ petition is that the petitioner1, was having a joint account, with the deceasedhusband and also had a locker in the Bank, in the name of the petitioner1 and her deceased husband, but the bank authorities were refusing to allow the petitioners either to operate the bank account or locker; may be for the reason that there existed liability on the deceased husband of the petitioner, who had taken a loan from the Bank, which he failed to pay during his lifetime.

In view of the aforesaid reason, the Bank, after deducting the amount due to the deceasedhusband of the petitioner, sent a cheque to the petitioner for the amount, which remained in balance in the account. Petitioner submits that the action of the Bank, is totally improper, in as much as, the Bank authorities never intimated to the petitioner as to how much amount was due in the name of the deceasedhusband of the petitioner and in a most arbitrary fashion, have deducted the amount.

We are of the view that the matter pertains to a contractual liability, which cannot be adjudicated in a writ petition of a like nature. If the petitioners have any grievance against the Bank authorities, they may file a civil suit in the court of competent civil jurisdiction. As the petitioners have an alternative remedy, to seek redress before to proper court of law, we are not inclined to interfere into the matter. Writ petition is accordingly dismissed.