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2009 Supreme(SC) 549

S.B.SINHA, LOKESHWAR SINGH PANTA
Indian Bank – Appellant
Versus
Godhara Nagrik Coop. Credit Society Ltd. – Respondent


Advocates appeared:
For the Appellant :----- For the Respondents: -----

Judgment :

1] Indian Bank has filed these applications praying for clarification of certain directions contained in the final judgment dated 16.05.2008 of this Court in Civil Appeal No. 3303/2005 along with Civil Appeal Nos. 3336, 3337, 3338 and 3304-3335 of 2005.

2.1] Respondents herein are cooperative societies registered under the Cooperative Societies Act. They deposited certain amounts in cash in fixed deposits of Banks wherefor Fixed Deposit Receipts (FDRs) were to be issued. Such deposits were made through some so-called Commission Agents of the Banks on payment of huge commission which is ordinarily not allowed by the Nationalized Banks.

2.2] Applications for grant of loans by various persons were filed before the prescribed authorities of the banks on the basis of the said FDRs. Allegedly a large number of officers of the banks were involved in a scam whereby unofficial investments of the said amount were being made.

2.3] As and when the FDRs matured, the investors requested the Banks for their encashment. The banks refused to accede thereto stating that the amount under the FDRs had already been paid by way of loans and, thus, no further amount was payable. It was contende































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