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2024 Supreme(Ker) 325

S. MANU
Cochin Frozen Foods – Appellant
Versus
Banking Ombudsman (Maharashtra and Goa) – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: K.A. Salil Narayanan.
For the Respondent: Deepak Joy K.

 

1. The sole proprietress of Cochin Frozen Foods filed this writ petition on behalf of the proprietorship concern challenging Ext.P8 order issued by the 1st respondent Ombudsman. During the pendency of the writ petition she expired and her husband got substituted as supplemental petitioner to represent the proprietorship concern.

2. The contentions raised in the writ petition are as follows:

 

    The Cochin Frozen Foods is engaged in the business of exporting marine products to various foreign countries. The sole proprietress of Cochin Frozen Foods is a Director of the additional 4th respondent company, Cochin Frozen Food Exports Private Limited (hereafter referred as “company”). The petitioner, Cochin Frozen Foods used to have business with an Iranian company. An amount of Rs. 1,05,20,850/- was transferred to the UCO Bank to be paid to the petitioner on account a of shipment of frozen yellow fin tuna fish to the Iranian company. The petitioner was informed by the 2nd respondent, UCO Bank, Treasury Branch, Mumbai through a letter addressed to the company with the enclosure addressed to the petitioner firm that the payment was received by them. Communication by the UCO Bank is produced as

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