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2024 Supreme(Online)(GAU) 7816

HIGH COURT OF GAUHATI
MR. JUSTICE LANUSUNGKUM JAMIR, MR. JUSTICE KARDAK ETE, JJ
STATE BANK OF INDIA – Appellant
Versus
PALLABH BHOWMICK AND 4 ORS. – Respondent


Advocates:
MR. A PARVEZ, MR. B ROY, GA, ASSAM, MR. D K SARMA, MR. H S BORAH (r-2), MR. P HAZARIKA (r-2), RESPONDENT IN PERSON, FOR CAVEATOR

JUDGMENT

Date : 13-09-2024 (Kardak Ete. J) Heard Mr. A. Parvez, learned counsel for the appellant. Also heard Mr. Pallabh Bhowmick/respondent No. 1, in person; Mr. P. Hazarika, learned counsel for the respondent No. 2 and Mr. D. K. Sarma, learned counsel for the respondent No. 5.

2. This intra-Court appeal is directed against the judgment and order dated 30.09.2022, passed by the learned Single Judge in WP(C) No. 1900/2022, whereby, the learned Single Judge, has set aside the order dated 07.03.2022, passed by the Ombudsman, Reserve Bank of India, and directed the appellant to deposit an amount of Rs. 94, 204.80/- (Rupees Ninety- four thousand two hundred four and Eighty Paisa) only, in the bank account of the petitioner with a liberty to recover the amount from the respondent No. 3.

3. The brief facts of the case, are that the respondent No. 1/petitioner is having a Savings Bank (SB) Account bearing No. 10823993373 with the State Bank of India (SBI), Guwahati Branch. He had made an online purchase of some garment from the Louis Philippe store which he wanted to return and get the money back. On 18.10.2021, the respondent No. 1/petitioner had received a call from a fraudster, who was l

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