CORPORATION BANK Vs. AMARJEET JOLLY

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal (RFA) filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of trial court dated 14.10.2000 dismissing the suit filed by the appellant/plaintiff-bank for recovery of monies paid under a mistake. The trial court has dismissed the suit on the ground that the cause of action which accrued had accrued in favour of the appellant/plaintiff-bank at the Bhikaji Cama Place Branch, but since the suit was filed by the appellant/plaintiff-bank through its Kamla Nagar Branch, the same was not maintainable. This finding has been given by the trial court while pronouncing on issue No. 3.

(2.) LEARNED counsel for the respondents/defendants at the outset concedes that he does not press for dismissal of suit as per issue No. 3 but pressed for dismissal of the suit and the appeal on merits inasmuch as no excess amount as alleged has been received by the respondents/defendants.

(3.) THE respondents/defendants contested the suit. It was pleaded that there was no privity of contract between the respondents/defendants and the Kamla Nagar Branch after the amounts were transferred by the Kamla Nagar Branch to the Bhikaji Cama Place Branch. It was further pleaded that the appellant/plaintiff-bank is not entitled to take advantage of its own wrong and raise a false claim against the respondents/defendants. It was further pleaded that when the amount was converted into US dollars from rupees, the respondents/defendants were entitled to the dollars taking benefit of the actual conversion rate of dollars into rupees and the corresponding certificates thus issued to them for such larger amounts in dollars including of the re-investment certificate for US $ 12,000/- were rightly issued. It was pleaded that any fluctuation of dollar rate is for the benefit of the respondents/defendants and not the appellant/plaintiff-bank.