METRO EXPORTERS PVT. LTD Vs. STATE BANK OF INDIA
LAWS(SC)-2014-4-119
SUPREME COURT OF INDIA
Decided on
April 23,2014
Metro Exporters Pvt. Ltd.
Appellant
VERSUS
STATE BANK OF INDIA
Respondents
Referred Judgements :-
KELLY V. SOLARI [REFERRED TO]R.E. JONES LTD. V. WARING AND GILLOW LTD. [REFERRED TO]
A K GUPTA AND SONS LIMITED VS. DAMODAR VALLEY CORPORATION [REFERRED TO]
JAMMU AND KASHMIR BANK LIMITED VS. ATTAR UI NISA [REFERRED TO]
THOMAS ABRAHAM VS. NATIONAL TYRE AND RUBBER CO KOTTAYAM [REFERRED TO]
VALLABH GLASS WORKS LIMITED VS. UNION OF INDIA [REFERRED TO]
ABL INTERNATIONAL LIMITED VS. EXPORT CREDIT GUARANTEE CORPORATION OF INDIA LIMITED [REFERRED TO]
Cited Judgements :-
DHANARAJ MEGHRAJ RAJPAL VS. AMERICAN EXPRESS BANKING CORPORATION [LAWS(BOM)-2024-1-38] [REFERRED TO]DHANARAJ MEGHRAJ RAJPAL VS. AMERICAN EXPRESS BANKING CORPORATION [LAWS(BOM)-2024-1-187] [REFERRED TO]
HARISH A.S. VS. STATE OF KARNATAKA [LAWS(KAR)-2022-9-398] [REFERRED TO]
JUDGEMENT
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(1.)Leave granted.
(2.)We are, in this case, concerned with the question whether the State Bank of India, Overseas Branch, Mumbai is right in debiting the Appellant's EEFC A/c EURO No. 10937619705 an amount of 136,027.03, after a long lapse of time, on the ground that it was wrongly deposited in the Appellant's account and driving the Appellant to recover the amount by way of civil proceedings.
(3.)Writ Petition Under Article 226 was filed by the Appellant challenging the action of the Bank which was dismissed by the High Court on the ground that it is a dispute which arose out of a contractual relationship between the parties and hence the appropriate remedy for the Appellant was by way of a civil suit and not a writ petition Under Article 226 of the Constitution of India. Aggrieved by the same, this appeal has been preferred by way of special leave.
(2.)We are, in this case, concerned with the question whether the State Bank of India, Overseas Branch, Mumbai is right in debiting the Appellant's EEFC A/c EURO No. 10937619705 an amount of 136,027.03, after a long lapse of time, on the ground that it was wrongly deposited in the Appellant's account and driving the Appellant to recover the amount by way of civil proceedings.
(3.)Writ Petition Under Article 226 was filed by the Appellant challenging the action of the Bank which was dismissed by the High Court on the ground that it is a dispute which arose out of a contractual relationship between the parties and hence the appropriate remedy for the Appellant was by way of a civil suit and not a writ petition Under Article 226 of the Constitution of India. Aggrieved by the same, this appeal has been preferred by way of special leave.
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