Decided on September 21,2005

UCO BANK Respondents


- (1.) By this writ petition under Article 227 of the Constitution of India the petitioner has questioned the legality, propriety and correctness of the order dated 14-10-1996 passed by the 6th Additional District Judge, Raipur in Civil Suit No. 96-A/ 1995 (Annexure-P/1) whereby learned Additional District Judge decided the issue No.3 against the petitioner herein holding that the Court fee paid by the petitioner herein is insufficient and he is required to pay ad valorem Court fee on the amount of Rs. 3 lakhs.
(2.) Brief facts leading to filing of this writ petition are that on 2-4-1991 the petitioner herein deposited a cheque bearing No. 725323 dated 28-1-1991 for Rs. 3 lakhs issued by R. S. Shukla (brother of the petitioner herein) with respondent No.2 for credit in his savings account No. 8296/34 and same was credited in the account on the same day. Thereafter, the petitioner herein issued a cheque for Rs. 1 lakh on 25-4-1991 on his aforesaid account in favour of Anuradha Shukla (wife). This cheque was dishonoured by the respondent Bank. On 28-4-1991, on enquiry by the petitioner, he was informed that it so happened due to drawer's "Stop Payment" instruction dated 2-4-1991.
(3.) Further case of the petitioner before the Court below was that once a cheque credited in the account of the petitioner respondent Bank was not entitled to re-transfer that amount in the account of Shri R. S. Shukla after receiving instructions from said Shukla regarding "Stop Payment" and the said action of respondents was illegal. Accordingly, he issued notice to the respondent Bank. When nothing brought result, the petitioner herein filed a suit before the District Judge, Raipur with a prayer that it be declared that the debiting of Rs. 3 lakhs in the plaintiffs Saving Bank Account by the defendant No.2 was unauthorized, illegal and non est, the defendants are bound to treat the credit entry of Rs. 3 lakhs made on 2-4-1991 in the plaintiffs Saving Bank Account as valid, operative and yet subsisting and to give effect to the same accordingly.;

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