Rajasthan

StateCommission

RP/10/2016

Kotak Mahindra Bank Ltd. through Authorised Representative - Complainant(s)

Versus

Ashish Katta s/o Ashok Kumar Katta - Opp.Party(s)

Ajay Raj Tantiya

28 Mar 2016

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

REVISION PETITION NO: 10/2016

 

Kotak Mahindra Bank Ltd.regd.office 27 BKC, C 27, G Block Bandra Kurla Complex, Bandra (E) Mumbai & ors.

Vs.

Asheesh Katta, r/o 687 Sirsi House, Jat ke Kuian ka Rasta, Chandpole Bazar, Jaipur.

 

Date of Order 28.3.2016

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mrs. Sunita Ranka -Member

 

Mr.Ajayraj Tantia counsel for the applicant

 

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This revision petition has been filed against the judgment

 

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of the learned DCF, Jaipur 2^nd dated 12.2.2016 whereby temporary injunction was granted.

 

The contention of the appellant is that the Forum below was not having any jurisdiction and other applications were also pending but inspite of this matter has been finally decided by way of temporary injunction. Hence, the order is bad in law and should have been vacated.

 

Heard the counsel for the applicant and perused the impugned judgment .

 

The contention of the applicant that some applications are pending before the Forum below has no relevancy to decide this revision petition. Be that may be the case, application could have been decided by the Forum below and objection as regard to jurisdiction could have been entertained by the Forum below.

 

The facts of the case clearly goes to show that the complainant-respondent was having a Saving Bank Account with balance of Rs. 86,000/- which was blocked by the applicant on the pretext that complainant has committed

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embezzlement of Rs. 9 lakhs. Be that may be the case, the applicant is not competent to freeze the Saving Bank Account without the permission of the competent court and the Forum below has rightly held so. There is no merit in this revision petition and liable to be rejected.

 

(Sunita Ranka) (Nisha Gupta )

Member President

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