High Court Of Himachal Pradesh
M.SRINIVASAN,KAMLESH SHARMA
COURT ON ITS OWN MOTION - Appellant
Versus
MANAGER, BANK OF BARODA - Respondent
Cont Petition (Cr) No. 6 of 1996
Decided On : 09/04/1996
M. Srinivasan, C. J.—In this matter an order was passed by this Court on 111-1996 in CMP No. 135 of 1995 and CMP No 30 of 1996 in RFA No. 135 of 1995 directing release of half of the amount which was kept in fixed deposit with the respondent-bank to the claimant in the proceedings through counsel Ms. Devyani Kuthiala, Based on that order the Registrar issued a memo under No, HHC Acctts. 315 TDR) A/95 dated 28-2-1996 to the Manager, Bank of Baroda, Shimla informing him of the order of the Court that a sum of Rs. 31,226, out of a total of Rs. 62,452, be released to Ms. Devyani Kuthiala, Advocate, High Court of Himachal Pradesh, Shimla for making further payment to Shri Krishan Lal son of Shri Daulat Ram, resident of village Johron, Tehsil Nahan, Distt. Sirmaur, Himachal Pradesh. That memo was forwarded by the said advocate, Ms. Devyani Kuthiyala, to the respondent alongwith an endorsement therein in which she had requested the respondent to issue Demand Draft/Account Payees in the name of Krishan Lai son of Shri Daulat Ram and hand it over to the bearer, namely, Shri Tara Singh Chauhan, Advocate, who was duly authorised by her in that behalf and whose signatures were attested below. We find in that letter that Shri Tara Singh Chauhan had signed and it was counter signed by Ms. Devyani Kuthiala.
2- On receipt of this memo, with the endorsement of the advocate, the respondent insisted upon the presence of Ms?. Devyani Kuthiala in the Bank in order to collect the said draft The Bank Manager-respondent did not choose to handover the draft to Mr. Tara Singh Chauhan, Advocate, who was representing Ms. Devyani Kuthiala, Advocate. The said advocate made a complaint to the Himachal Pradesh High Court Bar Association and the Secretary thereof, Shri Ramakant Sharma, wrote a letter on 1-3-1996 to the Registrar of this court. He mentioned therein that the officials of Bank of Baroda misbehaved with the member of the Association, namely, Shri Tara Singh Chauhan, Advocate, while getting the release of amount ordered by this Court. He also referred to the Misbehaviour with another member of his Association by the officials of the Bank of India, In these proceedings it is not necessary to refer to that aspect of the matter. When the Association sent the complaint to the Registrar, a copy of the said complaint was marked to the Branch Manager, Bank of Baroda, Shimla. On receipt of the said copy on 11-3-1996 the Branch Manager addressed a letter to the Registrar stating that Joint Manager of the Bank represented that the Advocate, in whose favour this Court ordered for payment, had never visited the branch and, therefore, the Registrar was requested to advise the concerned Advocate to present herself to receive the payment on her/his clients behalf. Thereafter, according to Ms. Devyani Kuthiala, she went to the Bank again on !6th March, 1996 personally and requested the Bank officials for issuing the Bankers Cheque or an Account Payee/Demand Draft in the name of her client Krishan Lai son of Shri Daulat Ram. According to her, the Bank authorities not only refused to issue the same but also misbehaved and were dis-courteous as she had made a complaint to the Registrar about! the Misbehaviour with Shri Tara Singh Chauhan. She has also stated that she was also detained in the Bank for about one and half hours and the orders of this Court were not complied with. She returned back without getting the Demand Draft or Account Payees Cheque and made a complaint to the Registrar on March 25, 1996. On this complaint the proceedings have been initiated by this Court.
3. In the reply filed by the respondent after referring to the earlier letter, it is stated that when the advocate visited the Bank on 16-3-1996 the Bankers Cheque was made in her name, in accordance with the tenor of the Courts Order, for Rs. 31,226/-and she wanted that the same be made in the name of her client. It is further stated that the orders were specific to release the amount t
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