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2019 Supreme(Ker) 44

P.B.SURESH KUMAR
State Bank of India – Appellant
Versus
P. V. George – Respondent


Advocates Appeared:
For the Petitioners: Adv. Sri. T. Sethumadhavan, (Sr.) Sri. Kodoth Pushparajan, Sri. K. Jayesh Mohankumar.

JUDGMENT :

1. The defendant in a suit for realization of money is the appellant in the second appeal.

2. The plaintiff belongs to Pala in Kottayam District. He is working in a South American country, namely, Brazil. The defendant is a bank. The plaintiff is maintaining a NRE (Non-Resident External) account with the defendant. The defendant has provided net banking and Automated Teller Machine (ATM) services to the plaintiff for operating the said account. As the plaintiff is working in an offshore rig in Brazil, he used to be in India for 28 days after every 28 working days. The plaintiff was in India from 04.03.2012 to 27.03.2012. It is stated by the plaintiff that on 26.03.2012 he noticed that a sum of Rs.2,40,910.36 has been withdrawn from his account though the ATMs located at different places in Brazil between 22.03.2012 and 26.03.2012. The matter was informed by the plaintiff to the defendant forthwith and the ATM card issued to the plaintiff was consequently blocked by the defendant on 26.03.2012 itself. It is also stated by the plaintiff that though complaints have been lodged by him on 27.03.2012 and on 30.03.2012 stating that the withdrawals are unauthorized and requesting












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