FRONTIER BANK LTD , NEW DELHI Vs. PARKASH VATI
HIGH COURT OF PUNJAB AND HARYANA
FRONTIER BANK LTD , NEW DELHI
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(1.) This petition raises the question whether it is within the competence of a person to resort to the Courts in this country for the enforcement of a cause of action which has arisen outside the territories of India.
(2.) The facts of the case are simple and not seriously in dispute. On the 19th of September 1946 Shrimati Parkash Wati Bahl deposited a sum of Rs. 2050/- with the Frontier Bank at Dera Ismail Khan, a limited concern with its headquarters at Dera Ismail Khan. When the communal disturbances broke out in the year 1947 she asked the Bank to transfer her account to New Delhi. The Bank failed to comply with her wishes and on the 10th January, 1950 she brought the present suit for the recovery of Rs. 2050/- against the Frontier Bank at Delhi. The Bank promptly objected to the jurisdiction of the Courts at Delhi to deal with the case and the Court accordingly framed the following three issues, namely :-
(1) Whether there is no cause of action accruing to the plaintiff against the defendant ?
(2) Whether the suit against the defendant does not lie because the defendant is under a scheme of arrangement ? and
(3) Whether the Court has jurisdiction to try the suit ?
(3.) All the issues were decided in favour of the plaintiff, the first two because they were not pressed by the Bank and the third because the Court came to the conclusion that the Bank was carrying on business within the local limits of the Courts at Delhi.;
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