P.D.SHENOY, S.N.KAPOOR
Vishamber Sunderdas Badlani – Appellant
Versus
Indian Bank – Respondent
S.N. Kapoor, Presiding Member—In this matter though the learned counsel for the opposite party raised number of questions, yet we are not inclined to go into all these questions excepting one relating to the question as to whether this matter should be decided by this Commission or should be relegated to the Civil Court. The complainant has sought the following reliefs, which are as under:
(A) “To direct the opposite parties to pay to the complainants EURO 14,33,985.88(Equivalent to Rs. 8,50,35,362.68) with interest at 24% from the date of maturity of deposits mentioned in the annexure attached to the complaint.
(B) To direct the opposite parties to pay to the complainants the amount of EURO 5,19,815.04(Equivalent to Rs.3,08,25,031.87) as against the FCNR deposits that are to be matured along with interest at 24% from the date of legal notice as mentioned in the annexure attached to the complaint.
(C) To pay damages of Rs. one crore for loss of business.
(D) To pay Rs. one crore as damages for delayed payment and for harassment causing mental agony to the complainants.
(E) To award costs.
(F) And to pass such other orders as the Hon’ble Commission deems fit and prop
2. Dr. J.J. Merchant and Ors. v. Shrimati Chaturvedi
3. Synco Industries v. State Bank of Bikaner & Jaipur and Ors.
5. Kishore Lal v. Chairman, Employees’ State Insurance Corp.
6. NEPA Ltd. v. Madhya Pradesh Electricity Board I(2003) CPJ 138 NC). (Para 14)
7. R.D. Papers Ltd. v. New India Assurance Co. Ltd. & Ors. I(2004) CPJ 101(NC). (Para 15)
8. Deccan Enterprises Pvt. Ltd. v. National Insurance Co. Ltd.
9. Bombay Dyeing and Mfg. Co. Ltd. v. Union Bank of India I(2001) CPJ 1(NC).(Para 17)
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