IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13008 of 2005 Binod Kumar Singh, S/o Sri Ram Murti Singh, Resident of Village- Dharampur, P.O.-Mohiuddin Nagar, District-Samastipur, Pin-848501. ….Petitioner. Versus 1. The Chairman,Banking Ombudsman State of Bihar and Jharkhand Biscoman Tower (2nd Floor) West Gandhi Maidan, Patna-800001. 2. The Branch Manager, State Bank of India Samastipur Branch (Code 171). 3. The Branch Manager United Bank of India Mahiuddin Nagar (Code- 496) District-Samastipur. ….Respondents. ----------- 2. 29.08.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for directing the respondents to assess and pay the petitioner forthwith the damages and interest for delayed payment of cheque as per order dated 09.09.2004 passed by the Banking Ombudsman as the payment of provident fund amount of Rs.1,73,040/- of the petitioner, as the cheque dated 20.10.2003 was credited in petitioner’s Account No. 11855 much belatedly on 07.05.2004. 3. Learned counsel for the petitioner submits that the said amount is not denied as counter affidavit has not been filed in this case although six years have lapsed since the filing of the writ petition after service of copy thereof upon the respondents. 4. In the said circumstances, this writ petition is disposed of with a liberty to the petitioner to approach the Branch Manager of the State Bank of India, Samastipur (Respondent No. 2) giving his details of his claim and the 2 grounds which he has raised in this writ petition. If such an application is filed by the petitioner within 15 days from today along with a copy of this order, the said authority shall consider the same and shall decide it by a speaking order in accordance with law within two months thereafter. If any amount or interest is found admitted and payable, it should be paid to the petitioner immediately thereafter. However, if any amount or interest is not found admitted and payable in the said order, the petitioner will be at liberty to challenge the same before an appropriate forum. Kamlesh (S.N. Hussain, J.)