IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3701 of 1994 RAM NARESH SHARMA S/O SRI AMBIKA PRASAD SHARMA R/O OF VILLAGE SIRASAWALI, PS.- BHELDI, DISTGT- SARAN---PETITIONER Versus 1. THE BIHAR RAJYA SHAKARI BHUMI VIKAS BANK LTD,PATNA 2. ADMINISTRATOR, BIHAR RAJAYA SAHKARI BHUMI VIKAS BANK LTD 3. DEPUTY MANAGING DIRECTOR ( FINANCE) 4. SENIOR REGIONAL MANAGER BRSBV LTD, PATNA 5. DISTRICT MANAGER BRSBV LTD, PATNA 6. ACCOUNTS OFFICER INCHARGE, DARBHANGA RANGE BRSBVB. LTD 7. ACCOUNT OFFICER (FUND) BRSBCB LTD, PATNA,--RESPONDENTS ----------- P R E S E N T HON’BLE MR. JUSTICE AJAY KUMAR TRIPATHI ****** A..K.Tripathi,J. Submission of learned counsel for the petitioner is that the quantum of interest which has been worked out against him for non-deposit of the collected amount with the bank within stipulated time, leading to loss of the interest to the respondents Bank was without notice or opportunity. Land Development Bank has worked out the interest without proper accounting and the basis for the calculation which has been worked out against him. This according to him has caused prejudiced. Not only this the deposit in the account have been delayed by a few months because of the prevalent practice in the bank of making the deposits in such a way that they relate back to 30th June of every year to achieve the target of the bank. In view of the above the petitioner has committed no wrong. From perusal of the counter affidavit filed on behalf of the respondents the Court is not in agreement with the explanation offered by the petitioner. The explanation for default in deposit of money cannot be accepted to exonerate him. To - 2 - that extent the Court is not inclined to pass any order quashing the calculation in question. However if the petitioner can satisfy the respondents that the amount by way of interest which has been worked out by the respondents is not properly calculated and there is discrepancy in the same then the petitioner will have a claim for review of the same. The respondents Bank will render due co-operation if the petitioner prima facie satisfy the respondents in this regard. This writ application is allowed to the extent indicated above. (Ajay Kumar Tripathi, J.) Patna High Court, Patna Dated the 18th December, 2008 NAFR (RPS)