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Judgment
G. Rajasuria, J.—This writ petition has been filed to direct the fourth respondent herein to disburse the petitioner''s Fixed Deposit amount Rs. 50,000/- with 8% interest lying in F.D. No. 0139 dated 23.08.2003 and further interest from the date of maturity after adjusting the loan amount of a sum of Rs. 17,000/- in DL No. 1964 dated 17.09.2003, pursuant to the representation of the petitioner dated 08.12.2008.
Heard Mr. K. Vamanan, learned Counsel for the petitioner and also Mr. D. Sasikumar, learned Government Advocate, who took notice on behalf of the respondents.
The grievance of the petitioner as aired by the learned Counsel for the petitioner placing reliance on the averments in the affidavit accompanying the writ petition, is to the effect that the petitioner is the holder of Fixed Deposit for a sum of Rs. 50,000/- (Rupees fifty thousand only); in fact based on that fixed deposit, he also availed loan; however, when the petitioner wanted the cash on maturity, the Bank refused to honour the Fixed Deposit. Hence, this writ petition.
Heard the learned Government Advocate.
Hence, in these circumstances, the following direction is given:
On receipt of a copy of this order, the petitioner shall approach the Bank for encashing the Fixed Deposit and at that time the Bank shall consider and calculate as to how much loan dues are actually payable to the Bank by the petitioner and if any dues are there payable by the petitioner, they are at liberty to deduct it from the Fixed Deposit dues and pay the remaining under due acknowledgment.
The learned Counsel for the petitioner would also submit that even the said loan, which the petitioner availed was waived by the Government. This is a matter of fact, which only the Bank could take a decision after hearing the petitioner under that score.
With the above said observation and direction, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
