ATHENA ENERGY VENTURES PVT LTD Vs. ANDHRA BANK

JUDGEMENT

(1.) The petitioner has filed the present petition impugning an action of the respondent (Andhra Bank - hereafter 'the Bank') in debiting a sum of Rs.68,93,783/- in the petitioner's current account maintained with the Bank. The petitioner also seeks recovery of the said amount along with interest. The Bank had debited the said amount as commission charges for the unexpired period of a bank guarantee that was surrendered by the petitioner.

(2.) The petitioner claims that the Bank had not informed the petitioner that any such charges would be payable at the time of the issuance of the bank guarantee and therefore, levy of such charges is illegal and contrary to the guidelines issued by the Reserve Bank of India (RBI). The Bank disputes that same and claims that it is entitled to levy such charges.

(3.) Mr Srinivasan, learned counsel appearing for the Bank referred to a letter dated 04.06.2011 sent by the Bank and submitted that by the said communication, the petitioner was duly informed of the condition to levy such charges.