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J.B.GARG, SADA NAND, P.OJHA
CAN BANK MUTUAL FUND (TRUSTEE CANARA BANK) – Appellant
Versus
RAJNI – Respondent


Advocates:
Counsel for the Parties :
For the Appellant :Mr. Kapil Dev Aggarwal, Advocate.
For the Respondent: None.

ORDER

Mr. Sada Nand, Member—Miss Rajni, D/o Sh. D.D. Abrol invested a sum of Rs. 10,000/- with the Canara Mutual Fund (Trustee Canara Bank), Orient House, Adi Marzban Path, Ballard Estate, Bombay, on 17.9.1990 and obtained 1,000 Canstar Units bearing Certificate Nos. 3068359 to 3068368 and distinctive Nos. 0701947281 to 0701947380. She applied for the repurchase of Canstars by the opposite party, but the request was declined. In 1997, Can Bank repurchased the said units at a price of Rs. 23/- per canstar. The grievance of the complainant is that the payment was delayed and she had to arrange money from other sources at a higher cost and that she be compensated for the same. The District Forum on 9.10.1998 ordered that the complainant was entitled to interest @ 15% p.a. for the period 10.11.1997 to 30.12.1997. Aggrieved against it, the present appeal has been preferred by the Can Bank Mutual Fund.

2. The learned Counsel for the appellant contends that the units were re-purchased by the Canara Bank and not by the Canara Bank Mutual Funds and that the Can Bank Mutual Funds was not in the picture. The deficiency, if any, was on the part of Canara Bank which has an altogether separate ide




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