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2007 Supreme(SC) 351

H.K.SEMA, P.K.BALASUBRAMANYAN
Durga Hotel Complex – Appellant
Versus
Reserve Bank of India – Respondent


JUDGMENT

P.K. BALASUBRAMANYAN, J.

Leave granted.

1. The appellant, a partnership firm, sought a loan from the third respondent Bank for putting up a hotel. In April 1997, a loan of Rs. 15 lakhs was sanctioned by the Bank. The Bank disbursed a sum of Rs. 11,58,750/-. The appellant sought an additional advance. The proposal in that behalf was not accepted by the Bank The Bank recalled the loan after crediting Rs. 3,41,250/- out of the original loan sanctioned.

2. The appellant made a complaint before the Banking Ombudsman for the State of Bihar at Patna under clause 16 of the Banking Ombudsman Scheme, 1995. Clause 16 enabled any person, who had a grievance against the Bank, to make a complaint in writing to the Banking Ombudsman. The complaint had to be in writing and it had to be accompanied by supporting documents, if any, relied on by the complainant. It had also to set out the nature and extent of the loss caused to the complainant and the relief sought from the Banking Ombudsman and a statement about the compliance of the conditions referred to in that clause.

The appellant made the complaint about what it called the unauthorised or fraudulent withdrawal from the account of the appe








































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