IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.CHANDRA KUMAR WRIT PETITION NO : 25709 of 2007 Between: Brij Raj Srivastav, Balaji Kuteer, H.No.3-4-301, Kutbiguda, Hyderabad-500 027. ..... PETITIONER AND 1 The Chairman, Vasavi Cooperative Urban Bank Limited, Malakpet, Hyderabad. 2 The Vasavi Cooperative Urban Bank Limited, Malakpet, Hyderabad represented by its Managing Director 3 The Reserve Bank of India, Andhra Pradesh, Hyderabad represented by its General Manager. 4 The Deputy Registrar of Cooperative Societies/OSD, O/o The vasavi Cooperative Urban Bank Limited, Malakpet, Hyderabad. 5 The Government of Andhra Pradesh represented by its Principal Secretary, Agricultural & Cooperation Department, Secretariat, Hyderabad. .....RESPONDENTS For the reasons stated in the "Petition" dated 01-11-2007 sent by the petitioner herein, this Hon'ble Court may be pleased to issue an order, direction, or a writ, more particularly one in the nature of writ of mandamus to call for the records and remarks from the respondents herein in and connected to (i) Depositing pension amount by the petitioner herein in the Vasavi Cooperative Urban Bank, Malakpet, Hyderabad, (ii) Action of the respondent No.3 on the application dated 27-07-2007 of the petitioner herein for sanction of Rs.1,50,000/- (One lakh fifty thousand only) on Compassionate grounds, and the Hon'ble Court may be pleased to pass appropriate orders directing the respondent herein to sanction an amount of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) out of his balance of Rs.2,00,000/- (Rupees Two lakhs only) lying at his credit at the bank to meet Medical Expenses of the petitioner and to pass such other order or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: PETITION Counsel for the Respondent No.3: Sri M.P. Ugle Counsel for the respondent No.2: GP FOR CO-OPERATION The Court made the following: ORAL ORDER: (per the Honourable Sri Justice A.Gopal Reddy) This is a taken up writ petition on the basis of the petition sent by the petitioner-account holder of Vasavi Co-operative Urban Bank Limited, Malakpet Branch, Hyderabad alleging that he deposited pension amount in fixed deposit and when he made an application on 27-7-2007 for withdrawal of Rs.1.50 lakh from out of the deposit amount to a tune of Rs.2 lakhs to meet his medical expenses, they have not paid the same. Since due to mismanagement of the bank, Reserve Bank of India has not been permitted withdrawals and the bank is functioning under the directives of the Reserve Bank of India. In response to the notice, a counter-affidavit has been filed by the third respondent-Reserve Bank of India stating that the petitioner has so far received a total sum ofRs.1,25,689/- under directives, hardship facility on medical grounds and as per the Scheme of Reconstructions formulated by the Reserve Bank of India. Since Vasavi Co-operative Urban Bank Limited is under reconstruction, all the payments should be made as per the said Scheme, which has been formulated for the benefit of the depositors. The second respondent-Vasavi Bank filed a counter- affidavit stating that the petitioner has deposited an amount of Rs.58244/- on various dates, and as per the general instructions issued by the Reserve Bank of India to pay certain fixed amount to all the depositors, the petitioner has received Rs.20,000/- on 16-12- 2004 and Rs.10000/- on 22-12-2006, by the date of filing of the counter. Learned Government Pleader for Co-operation produced a statement dt. 28-2-2009 showing the details of the payments made by the Vasavi Bank and balance outstanding as on 28-2-2009. As per the said statement, the Bank has paid Rs.20,000/- on 6-12-2004; Rs.5,000/- on 2-4-2008; Rs.10,000/- on 25-11-2006 and Rs.2,792/- on 2-4-2008 to the petitioner, from out of the amount to a tune of Rs.44,308-00 payable to the petitioner and balance outstanding as on 28-2-2009 is Rs.6,629/-, inclusive of interest of Rs.113/-. Though as per the statement dt. 28-2-2009, the petitioner is entitled to receive a sum of Rs.6629/- lying to the credit of his account, we cannot direct the third respondent-Bank to pay the amount since the Vasavi Bank is under Reconstruction, and all payments should be made as per the Scheme of Reconstruction. In view of the same, we feel it unnecessary to keep the writ petition pending except to direct the third respondent-Bank to pay the amount lying to the credit of the petitioner’s account whenever instructions are issued to pay certain amount to the depositors. With the above observation, the writ petition is dismissed. No costs. ____________________ A.GOPAL REDDY, J _______________________ B.CHANDRA KUMAR, J Dt. 02–03-2009 kmr