- (1.) The petitioner in this WP under art.226 dated January 18, 2012 is seeking the following principal relief:- "(a)A writ in the nature of Mandamus do issue direct the Respondent Banking Authority Concerned to stop the operation of their Bank Accounts as stated in paragraph 11 hereinabove by the Respondents No. 3 to 5 immediately;"
(2.) Mr. Manna appearing for the petitioner submits as follows. The petitioner is a Director of Krishna Chandra Dutta (Cookme) Pvt. Ltd. The company has several accounts with Vijaya Bank, the second respondent. The document at p.39 and other documents produced with the WP will show that respondents 3-5, some of the Directors of the company, have been unauthorizedly withdrawing money from the accounts. In paras.8 and 13 it has been stated that in contravention the banking rules and RBI Guidelines the bank has permitted unautorized withdrawal of moneys from the company's accounts.
(3.) In my opinion, the WP does not disclose a prima facie case that in contravention of any provision of law the bank has permitted anyone to withdraw any money from any account of the company. It is evident that with private disputes between the Directors of the company the petitioner, claiming to be a Director, has approached the Writ Court making unsustainable allegation of contravention of law by the bank. It is not for the bank to see whether the persons withdrawing money from the company's accounts are utilizing the money for lawful purposes. The petitioner is not entitled to any relief from the Writ Court.;