Union Bank Of India vs Smt. Suman Agarwal
2023 Latest Caselaw 945 Bom

                      Tauseef Farooqui                                                 24-FA.312.2021.doc
TAUSEEF
LAIQUEE
FAROOQUI                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by
TAUSEEF LAIQUEE                        CIVIL APPELLATE JURISDICTION
FAROOQUI
Date: 2023.02.01

                               INTERIM APPLICATION (STAMP) NO.1200 OF 2022
18:13:25 +0530


                                                    IN
                                       FIRST APPEAL NO.312 OF 2021

                      Smt. Suman Agarwal                                 ...Applicant
                      In the matter of :-
                      Union Bank of India                                ...Appellant
                            V/s.
                      Smt. Suman Agarwal                                 ...Respondent

                                                        WITH
                                             FIRST APPEAL NO.312 OF 2021
                                                        WITH
                                             FIRST APPEAL NO.311 OF 2021

                      Mr. Jamshed Ansari for Appellant.
                      Mr. Ashok M.                Saraogi     for       Respondent/Applicant          in
                      IA/ST/1200/2022.

                                                   CORAM          :      AMIT BORKAR, J.

                                                   DATE           :      JANUARY 30, 2023

                      P.C.:

1. The appellant is original plaintiff has filed present application for withdrawal of decreetal amount.

2. According to the plaintiff, the amount in his account has been transferred by the appellant-bank without his authorization. The trial court in paragraph no.24 of the judgment recorded a finding that the bank has failed to prove authorization to transfer the amount from the account of the applicant.

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3. Learned advocate for the bank invited my attention to letter dated 16th October 1997, which according to him authorises bank to debit amount of Rs.6,80,000/-.

4. From, prima-facie, consideration of material, it appears that the so called authorisation dated 16th October 1997 has not been proved, and accordingly, the trial court has recorded a finding except alleged authorisation dated 16 th October 1997, there is no other material on record which authorises bank to transfer the amount. Therefore, the applicant has made out a case for withdrawal of the amount deposited by the appellant. I, therefore, passed following order:-

(i). The application is allowed in terms of prayer clause

(b), subject to the applicant filing undertaking within six (6) weeks from today stating that he will reimburse the appellant in case the appeal is decided in favour of the appellant alongwith the interest at prevalent bank rate.

(ii). Application stands disposed of.

(AMIT BORKAR, J.)

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