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Account opening:Calcutta High Court directs advocate to furnish copies of authorisation letter given by individual beneficiaries

The Calcutta High Court directed the advocate for the respondent Bank to furnish copies of the letters of  authorisation given by the individual beneficiaries permitting opening of the Bank account in the name of the association and operating in the said Bank.

The Division Bench of Chief Justice T. S. Sivagnanam and Justice Supratim Bhattacharya heard a Public Interest Litigation (PIL) raising a grievance that the amounts which were sanctioned under a particular scheme for purpose of house construction or for business have not reached the beneficiaries.

Pursuant to the directions issued by the Court earlier the respondent Bank namely, Bank of Baroda has entered appearance and the  advocate has produced the bunch of original self cheques which were drawn by  respondent association in terms of the authorisation given by the individual beneficiaries and the amounts have been withdrawn.  

The learned advocate for the  respondent submitted that the amounts payable to the individual beneficiaries have been disbursed and all the documents to the said effect are in the custody of the 7th respondent association of which the 8th respondent is the President and the 9th respondent is the Advisor.  

The Court directed that an affidavit be filed on behalf of the 7th respondent affirmed by the 8th respondent clearly setting out all the details with initially confined to the thirty five petitioners who are before the Court  and the information shall be furnished in a tabulation form for issuance reference along with affidavits of 7th and 8th respondent shall enclose copies of the relevant documents to prove their stand.  

“Let an advance copy of the affidavits and the annexures be served upon the learned advocate for the petitioners and the learned advocate appearing for the respondent Bank as well as the other respondents. 

The learned advocate for the respondent Bank has handed over a list of transaction details to the learned advocate for the petitioners which are numbing over six thousand”, the Court further directed listing the matter 8th February, 2024.

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