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2012 Supreme(Del) 1538

G.S.SISTANI
AHALAVATH ORGNICS LTD – Appellant
Versus
STATE BANK OF MYSORE – Respondent


Advocates appeared:
For the Plaintiff : Mr. Vipul Goel and Mr. C. Siddharth, Adv
For the defendant : Mr. S.L. Gupta and Mr. Ram Gupta, Adv.

JUDGMENT

G.S. SISTANI, J.

I.A. No.13516/2011 (for Condonation of 929 days delay)

1. Plaintiff has filed the present suit for recovery of Rs.27,10,215/-against the defendant Bank. Along with the present suit the plaintiff has filed an application under Section 14 of Limitation Act, 1963.

2. As per the plaint, the defendant bank has wrongly debited a sum of Rs.6,56,765/-and Rs.6,00,000/-, on 19.11.2005 which were received in the account of the plaintiff and adjusted against the overdraft in the account of the plaintiff. As per the plaintiff, debt of Rs.12,56,765/-is the bone of contention between the parties. The plaintiff issued a legal notice to the defendant bank on 16.3.2006, however, no response to this legal notice was received. Accordingly, the plaintiff filed a complaint with the Banking Ombudsman, Jeevan Bharti Building, New Delhi, on 26.4.2006. The Ombudsman thereafter referred the complaint of the plaintiff to the Reserve Bank of India, Department of Banking Supervision. As per this application, number of meetings and discussions were held before the competent officer of RBI and letters were exchanged between the parties from 16.6.2006 till the year 2009 but no speaking or








































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