IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2221 of 2008 Between: The Visakhapatnam Co-operative Bank Ltd., Rep., by its Secretary, Main Raod, Visakhapatnam. … Petitioner AND The Charminar Co-operative Bank, Rep., by its Joint Registrar-cum-Managing Director, Saifabad, Hyderabad & others. … Respondents Counsel for the petitioner : Sri Dr. P.B. Vijaya Kumar Counsel for respondent No.1: Sri P.S. Rajashekar, SC Counsel for respondents 2&3: AGP for Home This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2221 of 2008 ORDER:- This writ petition is filed for a writ of mandamus to declare the inaction on the part of respondent Nos.1 to 3 in releasing the refundable amounts and the original certificates to the petitioner, as illegal and violative of Article 14 of the Constitution of India. Heard Sri Dr. P.B. Vijaya Kumar, learned counsel for the petitioner, Sri P.S. Rajashekar, learned Standing Counsel for respondent No.1 and learned Assistant Government Pleader for Home for respondent Nos.2 and 3. The dispute lies in a narrow compass. Bobbili Cooperative Urban Bank Limited was merged with the petitioner bank. Prior to that, a criminal case No.51 of 2005 was registered against the Directors of the Bobbili Cooperative Bank for alleged financial irregularities indulged in by them. In connection with the investigation into the said crime, Fixed Deposit Receipts (for short, ‘the FDRs’), which are nine in number, were seized by the Inspector of Police, Bobbili and a certificate to that effect was issued on 19.04.2007. The grievance of the petitioner is that it is not able to receive certain payments settled by respondent No.1 bank pertaining to the Fixed Deposits, the receipts of which were seized by respondent No.3 in connection with the abovementioned criminal case, because respondent No.1 is insisting that it will produce the original FDRs as a pre-condition for payment. At the hearing, learned counsel for the petitioner stated that respondent No.3 may retain photocopies of the original FDRs for the purpose of their investigation and return the original to the petitioner bank to enable it to make a claim before respondent No.1 for receiving the amounts payable under the said FDRs. Learned counsel for respondent No.1 stated that after due verification of the original FDRs, respondent No.1 will return the same to the petitioner and that the petitioner may be permitted to retain the custody of the same with obligation to produce before the investigating officer as and when they are required. Having heard the learned counsel for the parties, I find that the request of the petitioner to direct respondent No.3 to return the original FDRs covered by certificate dated 19.11.2007 issued by the Inspector of Police, Bobbili circle for the purpose of claiming payment from respondent No.1, is justifiable and reasonable and I do not see any reason for the police not to accede to the said request of the petitioner. Under the above circumstances, the writ petition is disposed of. Respondent No.3, Station House Officer, is directed to return the 9 Nos. of FDRs seized from the erstwhile Bobbili Cooperative Bank to the Secretary of the petitioner bank, within a period of one week from the date of receipt of a copy of this order, after retaining xerox copies of the FDRs. Respondent No.1 bank shall return the FDRs on production and discharge of the payments. Respondent No.1 shall, after verification of the FDRs, return the same to the petitioner bank for their safe custody. The petitioner bank shall produce the original FDRs before respondent No.3 as and when they are required for the purpose of investigation. As a sequel to disposal of the writ petition, WPMP.No.2866 of 2008 filed by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 28.03.2008 ES