State Bank Of India vs M/S Javied Enterprises

CM No. 8120/2021

The instant application is filed by Branch Manager, J&K, Bank, Limited, Branch New Secretariat Road, Srinagar, through Tanveer Ahmad Tabasum

Khan S/o Ghulam Qadir Khan Senior Executive (Code 009112), seeking modification/clarification of order dated 24.11.2021, on the ground that the

amount directed to be released is deposited under Account No. 0084040500022105 in the name of the State Consumer Disputes Redressal

Commission, Srinagar, (now abolished), which account has been frozen on the communication received from the President of the Commission vide his

communication No. JKSCDRC/A/C’s/2019 dated 25.10.2019.

The account is frozen and inactive, as such, the Branch unit is unable to defreeze the account on its own, therefore, the instant application for

modification/clarification of said order.

We have heard learned counsel for the parties, perused the records and considered the matter.

Admittedly, the 25% of the awarded amount is deposited in the account of the State Consumer Disputes Redressal Commission, Srinagar, (now

abolished) and on dismissal of the appeal of the State Bank of India, filed against the order of Commission, there is no scope for the Bank to retain the

amount along with interest.

In view of above and in modification of order dated 24.11.2021 passed in CM No.5264/2021 arising out of MA No. 61/2018, we direct the applicant-

Branch Manager to treat the account as de-frozen to the extent of release of Rs. 5.00 lacs along with interest in favour of the non-applicant-claimant

and release the same in favour of the award holder after proper identification.

CM disposed of.

CM No. 8240/2021

Mr. N. A. Shalla, Advocate for Applicant Mr. A. Hanan, Advocate for non-applicant

The instant application is filed by the claimant-award holder, seeking direction upon the Branch Manager, J&K, Bank, Limited, Branch New

Secretariat Road, Srinagar, to defreeze the account of State Consumer Redressal Commission, Srinagar (now abolished) to the extent of Rs. 5.00 lacs

along with interest for ensuring payment.

Since the application of the Branch Manager, seeking modification/clarification is allowed with direction to release the amount after treating the

account as de-frozen under the orders of the Court, therefore, this application is also disposed of to be governed by the orders passed in said

application bearing CM No. 8120/2021.

Disposed of.