HYDERABAD COMMERCIALS Vs. INDIAN BANK

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order of the High Court of Andhra Pradesh dismissing the appellant's Writ Petition on the ground that it involved disputed questions of facts which could be determined by the Civil Court in a suit. After hearing learned counsel for the parties and having perused the material on record we find that the case does not involve any disputed questions of facts instead on admitted facts the appellant is entitled to relief.

(3.) The appellant is the Sub-Distributors of M/ s. Unimech Appliances, it has a Current Account No. 525 with the Indian Bank, Barkatpura Branch, Hyderabad. The appellant had been depositing money through cheques in its Current Account from time to time. During the period 15-1-87 to 13-5-87 the appellant had deposited cheques in the Indian Bank, the amounts under those were realised by the Bank and credited to the a appellant's account but later on a sum of Rs. 12.95 lacs was transferred to the account of the respondent- M/ s. Unimech Appliances. The appellant protested the transfer of the aforesaid amount on the ground that it had never authorised the Bank for transferring the amount to respondents account. On the appellant's protest the Bank by its letter dated 21-12-1987 informed the appellant that the transfer had been made in an unauthorised manner and the same will be recredited to its account within two months. The letter runs as under:-