IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Anil Kumar - Appellant
Versus
The Chief Manager, Bank of India, Church Road Branch, Ranchi – Respondent
W.P.(C) No. 4450 of 2018
Decided on : 22-12-2021
Contract Act - Section 72 - Debts Recovery Tribunal – Transfer of amount- Liability of person to whom money is paid, or thing delivered, by mistake or under coercion - Petitioner’s account without his permission or of any other competent authority is illegal and arbitrary - Construction as well as its sister concern Pvt. Ltd. used to transfer amount of bills in petitioner’s bank account opened in Bank of India, Church Road Branch, Ranchi - Construction and its sister concern received goods and M/s Bhanu Construction transferred amount in petitioner’s account towards payment for same - However, petitioner received a call from one Senior Manager, Bank of India, alleging that amount was transferred in petitioner’s account in an unauthorized manner - At that time, petitioner was in Kolkata, hence he requested said officer of Bank of India to wait till he gets back to Ranchi in order to ascertain actual fact - Held, Bank in court opinion is not concerned with any mistake made by Accountant General or the treasury in sending the amounts to bank for credit of same to account of Sultan Mohd - Therefore, Tribunal authorizes Bank to select a team of officers to seize and sale the movables/vehicles/equipments of Defendants No. 1 to 3, so that dues are recovered early - Applicant Bank is also entitled to recover the cost of O.A. 51 - Effective composite and effective Recovery Certificate is for amount has already been recovered by Applicant Bank and DRT, Ranchi ratifies/authorizes various recoveries by applicant from accounts and through voluntary payment - Court finds that it is not a case of mere reversal of entries, rather M/s Bhanu Construction prima facie appears to have knowingly transferred amount of public fund (custodian of which was the Government of Jharkhand) to its creditors including petitioner and investigation relating to such transaction is being done by the CBI - Relief sought by the petitioner cannot be entertained by this Court under its extraordinary writ jurisdiction - Petition is dismissed.
JUDGMENT :
The writ petition is taken up today through Video conferencing. The present writ petition has been filed for issuance of direction upon the respondents to pay a sum of Rs.25,00,000/- to the petitioner as the same was illegally reversed from the petitioner’s bank account. Further prayer has been made for issuance of direction upon the respondent no. 1 to lift the lien marked on the amount of Rs. 2,00,000/- transferred in the bank account of the petitioner.
2. The learned counsel for the petitioner submits that M/s Bhanu Construction and its sister concern M/s UTS Infratel Pvt. Ltd. being regular customer of the petitioner’s firm namely, M/s ANICOMP had been placing orders to it from time to time for supply of computers, accessories and other allied items as per its requirement and accordingly the petitioner’s firm used to supply the said materials raising the bills for such supply. M/s Bhanu Construction as well as its sister concern M/s UTS Infratel Pvt. Ltd. used to transfer the amount of bills in the petitioner’s bank account opened in Bank of India, Church Road Branch, Ranchi. In the month of August 2017, M/s Bhanu Construction and its sister concern received the goods worth Rs. 25,32,670/- and M/s Bhanu Construction transferred a sum of Rs.25,00,000/- in the petitioner’s account on 16.08.2017 towards payment for the same. However, on 20.09.2017, the petitioner received a call from one Mr. Sameer Khalkho, Senior Manager, Bank of India, Church Road Branch, Ranchi alleging that a sum of Rs. 25,00,000/-was transferred in the petitioner’s account in an unauthorized manner. At that time, the petitioner was in Kolkata, hence he requested the said officer of Bank of India to wait till he gets back to Ranchi in order to ascertain the actual fact. Despite the said request, the respondent no. 1 reversed a sum of Rs. 25,00,000/- from the account of the petitioner. The petitioner visited the said Branch and also filed an online complaint with the respondent no. 1 who, on 04.10.2017 replied that after receipt of a letter from SBI, Hatia Branch, he tried to contact the petitioner on 20.09.2017, but he could not be contacted and since the petitioner’s complaint dated 23.09.2017 was received by the branch on 27.09.2017, the amount was already reversed after discussion with the officials of SBI, Hatia Branch on their visit to the Church Road Branch of the Bank of India. An online complaint lodged by the petitioner was also closed by the respondent no. 1 on the ground that the reversal was already done on the request of SBI, Hatia Branch. The petitioner again wrote letters dated 05.10.2017 and 06.10.2017 to the respondent no. 1 and provided complete details of the said transfer of amount to his bank account stating that there used to be regular transactions with the said customers i.e., M/s Bhanu Construction and its sister concern M/s UTS Infratel Pvt. Ltd, however, no step whatsoever was taken by the respondent no. 1 for redressal of the said grievance of the petitioner. Thereafter, the petitioner lodged a complaint with the respondent no. 2 on 25.10.2017, however, in the meantime, the respondent no. 1 forwarded a letter written by A.G.M., SBI, Hatia Branch, Dhurwa to him suggesting that the reversed money should be taken from M/s Bhanu Construction and their partners namely, Sanjay Tiwari @ Sanjay Kumar Tiwari and Suresh Kumar as the money transferred in the petitioner’s bank account by the said partnership firm was part of Rs. 100.01 crores of public fund mistakenly transferred to the account of the said partnership firm, which had siphoned off the said amount. The petitioner also tried to contact the said firm, but he was told that the dues of the petitioner had already been paid and thus it was not liable if the respondent no. 1 had reversed the amount from his bank account. The respondent no. 1 then requested SBI, Hatia Branch vide email dated 23.11.2017 (a copy of which was also forwarded to the petitioner) to refund the sai
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