Writ jurisdiction should not entertain disputes involving contested facts, especially where there are ongoing criminal proceedings related to the same transactions.

JUDGMENT :

SANJEEB K. PANIGRAHI, J.

1. The petitioner, in the present Writ Petition, seeks issuance of appropriate directions to the opposite parties for refund of an amount of Rs. 20 lakhs allegedly debited from its cash credit account maintained with Indian Bank, along with interest.

I. FACTUAL MATRIX OF THE CASE:

2. Succinctly put, the facts of the case as narrated by the petitioner are as follows:

(i) The petitioner had availed a Cash Credit (OCC) limit of Rs. 89 lakhs and a term loan of Rs. 60.00 lakhs from Indian Bank, Main Branch, 32, Ashok Nagar, Bhubaneswar, on security of land and building valued at Rs. 94.84 lakhs and a residential plot valued at Rs. 150.00 lakhs, pursuant to a sanction letter dated 09.04.2009. The said account was reviewed annually.

(ii) The term loan was subsequently closed upon repayment of the entire amount. The cash credit limit was reduced from Rs. 89 lakhs to Rs. 50 lakhs in December, 2010 and was further reduced to Rs. 30 lakhs as on 31.03.2012.

(iii) On 18.06.2012, the petitioner approached the then Assistant General Manager of Indian Bank, Main Branch, Bhubaneswar, seeking reduction of the overdraft limit from Rs. 30 lakhs to Rs. 10 lakhs. It is stated that the said officer advised against such reduction and proposed that an amount of Rs. 20 lakhs be debited from the cash credit account and kept in a parking account, with an assurance that the amount would be restored to the company’s account in future without charging interest. The petitioner agreed to the said arrangement, and accordingly, an amount of Rs. 20 lakhs was transferred from the cash credit account of M/s. Optimal Products Private Limited to the bank’s parking account.

(iv) On the same date, the said amount of Rs. 20 lakhs was transferred from the parking account to three different accounts as follows: Rs. 6.00 lakhs to the overdraft account of M/s. Orissa State Co-operative Marketing Federation Ltd, Rs. 4.25 lakhs to the cash credit account of Shri Satish Unnikrishnan Menon of Premier Air Conditioning, Pune, and Rs. 9.75 lakhs to an account maintained by the said officer with Indian Bank, Mumbai Fort Branch.

(v) On 19.06.2012, an amount of Rs. 9.74 lakhs was transferred from the said account to another savings bank account maintained with Indian Bank, Kirkee Branch. Thereafter, on 21.06.2012, an amount of Rs. 10.00 lakhs was transferred to the savings bank account of Ms. Asma Jatat Shaikh maintained with Bank of Maharashtra, Vishrantwadi Branch, Pune, as reflected in the charge-sheet filed by the Central Bureau of Investigation.

(vi) In August, 2012, upon scrutiny of the bank statement, it was found that the cash credit limit had not been reduced and that interest had been charged on an amount of Rs.20 lakhs. Upon enquiry, the then Branch Manager stated that the same was due to a technical issue in the system.

(vii) Subsequently, the cash credit account was credited with amounts of Rs. 56,000/- on 31.08.2012 and Rs. 95,000/- on 07.03.2013 towards interest charged earlier. The said amounts were debited from the account of Shri D.D. Champatiray and were refunded pursuant to an order dated 03.11.2023 passed by this Court.

(viii) Thereafter, the petitioner requested that the amount of Rs. 20 lakhs be transferred back from the parking account to the cash credit account, whereupon it was found that the cash credit limit had been increased to Rs. 50.00 lakhs. Upon enquiry, the Branch Manager again stated that the same was due to a technical issue in the system.

(ix) It is stated that the then Zonal Manager and Depu