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1973 Supreme(P&H) 143

PUNJAB & HARYANA HIGH COURT
Rajendra Nath Mittal, J.
Hindustan Commercial Bank Ltd.
Versus
Jagtar Singh
First Appeal No. 158 of 1962,
Decided On : OCTOBER 9, 1973

A suit for recovery of money deposited with a Bank on deposit account is governed by Article 60 of the Limitation Act, 1908, and the limitation period starts from the date of demand.

Headnote:

LIMITATION - DEPOSIT - INTEREST - BANKER AND CUSTOMER - DEMAND DEPOSIT - LIMITATION ACT, 1908 - SECTIONS 59, 60, 63 - INTEREST ACT - SECTION 15 - Where money is deposited with a Bank on deposit account, the statute of limitation does not run against an action to recover it until demand is made for its return. Similarly, in the case of money on current account, the statute does not run, in the absence of special contract or waiver, until after demand for payment as a demand, either by the issue of a writ or otherwise, is an essential ingredient in the cause of action against the banker for money lent.

Fact of the Case:

A fixed deposit was made with the Bank for a period of one year. After the expiry of the period, the Bank treated the amount as a demand deposit and refused to pay interest thereon. The depositor filed a suit for recovery of the principal amount and interest.

Finding of the Court:

The Court held that the relationship between the depositor and the Bank continued to be that of depositor and depositee even after the expiry of the fixed period. The amount deposited was, therefore, payable on demand and the suit for recovery of the principal amount and interest was within limitation under Article 60 of the Limitation Act, 1908.

Issues: 1. Whether the suit was barred by limitation? 2. Whether the plaintiff was entitled to recover interest on the amount deposited from 11th July, 1948 to 18th August, 1959? If so, at what rate? 3. Whether the plaintiff was also entitled to claim interest at the rate of 6 per cent per annum from 18th August, 1959, to the date of the institution of the suit?

Ratio Decidendi: 1. Article 60 of the Limitation Act, 1908 applies to a suit for recovery of money deposited under an agreement that it shall be payable on demand. 2. In the present case, the amount deposited was payable on demand even after the expiry of the fixed period, as the Bank treated it as a demand deposit. 3. The suit for recovery of the principal amount and interest was, therefore, within limitation under Article 60 of the Limitation Act, 1908.

Final Decision: The Court partly allowed the appeal and decreed the suit of the plaintiff-respondent for Rs. 6633.59.

Judgment

, J.

1. This appeal has been preferred by the defendant against the judgment and decree of the Senior Subordinate Judge, Jullundur, dated March 30, 1962.

2. The facts giving rise to the present appeal are that an amount of Rupees 20,097/14/- was deposited in Fixed Deposit vide receipt No. 916/54/47, dated July 11, 1947, in favour of Karamjit Singh, minor deceased, son of Shri Jagtar Singh through Smt. Iqbal Kaur widow of Shri Ajit Singh of Chak No. 132/R. B., Sahuwalia, district Lyallpur, with the Hindustan Commercial Bank Ltd., Jullundur City, hereinafter referred to as the Bank, for a period of twelve months. The amount carried interest at the rate of 2 3/4% per cent, per annum. Karamjit Singh thereafter died. Jagtar Singh plaintiff obtained a succession certificate for the said amount and interest from the Court on January 20, 1951. Smt. Iqbal Kaur instituted a suit on January 24, 1951, in the Court of Subordinate Judge 1st Class, Jullundur, against the plaintiffs, the Bank and the Punjab National Bank Ltd., Jullundur City, with whom another amount of Rupees 17,150/- had been deposited in Fixed Deposit vide receipt dated February 17, 1947, in the name of Karamjit Singh minor-deceased, stating that she was the owner of those amounts and Karamjit Singh was merely a benamidar and prayed for permanent injunction restraining Jagtar Singh plaintiff to realise the amounts, and the Bank and the Punjab National Bank Ltd. from making the payments to him. She filed an application in that suit for temporary injunction on January 24, 1951, with a prayer that Jagtar Singh plaintiff be restrained from realising the amount from the Bank and the Punjab National Bank Ltd., and that the Bank and the Punjab National Bank Ltd. be restrained from making the payments to him during pendency of the suit. The amount remained with the Bank till decision of the suit which was dismissed on August 18, 1958. In that suit, it was declared that the succession certificate had been rightly granted to the plaintiff and Smt. Iqbal Kaur had nothing to do with that amount. The plaintiff thus became entitled to recover the amount from the Bank for which he served a notice on December 1, 1959, demanding the amount with interest thereon. The Bank showed its readiness to make payment of the Fixed deposit amount of Rupees 20,097/14/- in full and final payment of the claim, but stated that the Bank was not liable to pay interest for the period during which the litigation between the parties remained pending in the Court, and that the plaintiff was entitled to claim from the party who had filed a suit against him. Ultimately, the defendant Bank paid an amount of Rupees 20,097/14 as principal and Rs. 522.67 as interest from July 11, 1947 to July 11, 1948, without prejudice to the right of the plaintiff to institute a suit for recovery of the interest due to the plaintiff from the Bank on the principal amount. The plaintiff is entitled to recover the following amounts on account of interest from the Bank:-

-

(1) Rs. 5,638.69 on account of interest on the deposit of Rupees 20,097/14/- from July 11, 1948 to August 18, 1959, at the rate of 2 3/4 per cent per annum.

(2) Rs. 1,861.31 on account of interest on the aforesaid amount from August 18, 1959 to March 7, 1961, at rate of 6 per cent per annum.

The plaintiff further prayed that future interest at the rate of 6 per cent per annum be granted to him from the date of institution of the suit till the realisation of the decretal amount. The Bank contested the suit pleading that the amount covered by the succession certificate was Rupees 20,000/- only, so far as the Bank was concerned. It further pleaded that it had already made payment of Rupees 20,097/14/- as principal and Rupees 552.67 as interest for one year after the dismissal of the suit filed by Smt. Iqbal Kaur, that the defendant was always ready and prepared to pay the said amount to the plaintiff, that he plaintiff was not entitled to demand over-due interes























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